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Court of AppealOtherCivil Appeal 337 of 2010· [2021] KECA 74 (KLR)
Mbiuki & another v Sebastian & another (Civil Appeal 337 of 2010) [2021] KECA 74 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#A Kenyan appeal died when all parties passed away and no one substituted them, so the original High Court judgment stands untouched.
What this practically means
#Executive summary
#This is a short order (not a reasoned judgment) of the Court of Appeal at Nyeri in Civil Appeal 337 of 2010, delivered on 8 October 2021 by a bench of Musinga, Asike-Makhandia and Sichale, JJA. The appeal had been lodged against the judgment of Hon. Lady Justice Mary Kasango dated 30 April 2010 in Meru HCCA No. 74 of 2001. By the time the appeal came before the Court of Appeal, both respondents were deceased, and the court recorded that all the parties to the appeal had died more than a year previously with no substitution having taken place. The court therefore marked the entire appeal as having abated. The order contains no discussion of the merits of the appeal, no consideration of the impugned High Court judgment, no citation of authority or statute, and no costs order. The decision below was neither affirmed, reversed nor varied; the appeal simply ceased to exist by operation of abatement. The order carries no ratio decidendi and creates no binding precedent for lower courts. Its only practical significance is procedural: where all parties to an appeal die and no substitution occurs within the applicable period, the appeal abates in its entirety. The document reproduced is certified as a true copy by the Deputy Registrar.
Key legal issues
#Legal principles established
#Court orders
#- 1.The appeal is marked as having abated
- On appeal from
- High Court
- Meru HCCA No. 74 of 2001
- Jurisdiction invoked
- Inherent appellate jurisdiction of the Court of Appeal to mark an appeal as abated (not stated by reference to a specific constitutional or statutory provision in the order)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mbiuki & another v Sebastian & another (Civil Appeal 337 of 2010) [2021] KECA 74 (KLR)", Case Analysis (2021). Civil Appeal 337 of 2010. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2021/74/eng@2021-10-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.