Kimatu Mbuvi v Patrick Wambua John [2016] KEHC 2068 (KLR)
- Court
- High Court of Kenya
- Case number
- 2068
- Citation
- [2016] KEHC 2068 (KLR)
- Decided
- 12 October 2016
The Court did not declare the appeal abated and granted the Applicants time to apply for substitution and revival of the appeal.
Facts
The appeal was filed by the estate of the deceased Appellant, and the personal representatives of the estate were not able to agree on the personal representatives of the estate, leading to the delay in substitution and revival of the appeal.
Issues
- Whether the Court should extend the time within which the personal representatives of the estate of the Appellant should apply for substitution of the Appellant and revive the appeal.
- Whether the Court should declare the appeal abated and costs to be borne by the estate of the Appellant.
Reasoning
The Court considered the provisions of Order 24, Rule 3 of the Civil Procedure Rules and Rule 9, in the application of the Order to appeals, and found that the personal representatives of the estate of the deceased Appellant were not at fault for the delay in substitution and revival of the appeal.
Outcome
The appeal was not declared abated and the Applicants were granted time to apply for substitution and revival of the appeal.
Orders
- Granting the Applicants time to apply for substitution and revival of the appeal.
- Declining to declare the appeal abated and costs to be borne by the estate of the Appellant.
Authorities cited
Legislation (3)
- Civil Procedure Rules
- Order 24, Rule 3
- Rule 9
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