Beatrice Wakariko Ngumba v Millicent Wangechi [2018] KEHC 8286 (KLR)
- Court
- High Court of Kenya
- Case number
- 8286
- Citation
- [2018] KEHC 8286 (KLR)
- Decided
- 25 January 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a dismissal for abatement and application to revive the suitCoramL. W. GITARI
Holding
The appeal has abated and the application to revive the suit is dismissed with costs.
Facts
The appeal was filed by Beatrice Wakariko Ngumba, who passed away on 8th September, 2012. The cause of action related to the estate of Laban Kago (deceased). An appeal was filed but Ngumba passed away before the appeal could be heard and determined.
Issues
- Whether the appeal has abated
- Whether the suit can be revived
Reasoning
The appeal abated due to the death of the appellant and the lack of timely application for substitution within one year. The applicant's delay in seeking revival of the suit is considered unreasonable.
Outcome
Appeal dismissed for abatement, application to revive the suit dismissed with costs
Orders
- Appeal dismissed for abatement
- Application to revive the suit dismissed with costs
Authorities cited
Legislation (1)
- Order 24 of the Civil Procedure rules Cap 21 Laws of Kenya
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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