Boit & another (Both Suing as Personal Representatives of the Estate of Willy Kipngetich Too Deceased) v Nancy Njambi Kiongera t/a Chapters Insuranc Agency & another (Civil Case E127 of 2022) [2024] KEHC 4672 (KLR) (25 April 2024) (Ruling)
- Court
- High Court of Kenya
- Case number
- 4672
- Citation
- [2024] KEHC 4672 (KLR)
- Decided
- 25 April 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal AdmittedCoramSM MOHOCHI
Holding
The application to strike the 2nd Respondent as a party is allowed.
Facts
The case involves an estate of Willy Kipngetich Too, and two parties, Benjamine Kiptoo Boit and Milcah Kimani, as personal representatives of the estate, are suing against Nancy Njambi Kiongera t/a Chapters Insuranc Agency and Sonador Motors Limited.
Issues
- Whether an appellant can introduce a party on appeal who never participated in the impugned trial and judgment
Reasoning
The Court found the application to be of merit and allowed it.
Outcome
The appeal is admitted for hearing.
Orders
- The 2nd Respondent is hereby struck off as a party herein.
- The Record of Appeal has been prepared.
- The Appellant has 14 days to file written submissions.
- The Respondent has a corresponding 14 days.
- Mention to confirm compliance and fix judgment date on 2nd July 2024.
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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