Janen Njeri Wachacha & another v James Kariuki Ng’ang’a [2015] KEHC 3801 (KLR)
- Court
- High Court of Kenya
- Case number
- 3801
- Citation
- [2015] KEHC 3801 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureRespondent seeks to dismiss appeal on the basis that it has abated.CoramJ. K. SERGON
Holding
The appeal has abated due to the Respondent's death, but the court revives the appeal and extends time for substitution.
Facts
Respondent James Kariuki Ng’anga passed away on 24.11.2007, and no substitution has been made. The appeal was filed in 2012.
Issues
- Whether the appeal has abated due to the Respondent's death.
- Whether the Appellants were presented with a sufficient cause to prosecute the appeal.
Reasoning
The court allowed the motion to dismiss the appeal due to the Respondent's death, but granted the Appellants an extension to take steps for substitution.
Outcome
Appeal revived and extended time for substitution.
Orders
- Order to have the appeal revived.
- Extension of time for the Appellants to have the deceased Respondent lawfully substituted.
Remedies
- Revival of the appeal.
- Extension of time for substitution.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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