Muriithi Ngari v Peter Githinji Muthigani & another [2015] KEHC 5950 (KLR)
- Court
- High Court of Kenya
- Case number
- 5950
- Citation
- [2015] KEHC 5950 (KLR)
- Decided
- 12 March 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeSubstitution of AppellantPostureAppeal from a lower court decisionCoramMr Muriithi
Holding
The court allows the substitution of the deceased appellant with the applicant, Jane Njeri Muriithi, as she is the daughter of the deceased and the legal administrator of his estate.
Facts
The deceased, Muriithi Ngari, had filed an appeal in the High Court. He died before the appeal was heard. The applicant, Jane Njeri Muriithi, is the daughter of the deceased and the legal administrator of his estate.
Issues
- Whether the cause of action has survived the death of the deceased.
- Whether the court has the authority to extend the time for substitution.
- Who should pay for the costs of the suit.
Reasoning
The court finds that the cause of action has survived the death of the deceased and exercises its discretion to allow the substitution.
Outcome
The substitution of the deceased appellant with the applicant is allowed.
Orders
- Substitution of the deceased applicant with the applicant Jane Njeri Muriithi
Remedies
- Costs to be provided for the applicant
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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