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Court of AppealAllowedCivil Application 57 of 2020· [2022] KECA 627 (KLR)

Awuor v Onyango & another

Court of Appeal
8 July 2022
250 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

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Kenya's Court of Appeal allowed a brother to replace a deceased appellant in an ongoing appeal, confirming that appellate substitutions follow Rule 99, not the Civil Procedure Rules.

What this practically means

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Executive summary

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This is a short single-judge ruling of the Court of Appeal at Kisumu delivered by Kiage, JA, on a motion dated October 29, 2021 brought under Rule 99(1) of the Court of Appeal Rules, 2010. The applicant, Joshua Omondi Awuor, brother of the deceased appellant Elisha Juma Owuor, sought substitution of the appellant in the appeal arising from Kisumu HCCC No. 17 of 2008, the appellant having died on June 29, 2020, a fact attested to by a permit for burial annexed to the applicant's supporting affidavit. The applicant also cited provisions of Order 24 of the Civil Procedure Rules, but the court held those provisions inapplicable to appellate substitution and ignored them. By a letter dated April 30, 2022, counsel for the 1st respondent indicated that his client was not opposed to the application; the 2nd respondent, the Attorney General, raised no opposition recorded in the ruling. The court accordingly allowed the motion with no orders as to costs. The ruling is brief and unreasoned in the manner of consent-type applications, and establishes no significant precedent beyond confirming that Order 24 of the Civil Procedure Rules has no application to substitution of parties on appeal, a matter governed by Rule 99 of the Court of Appeal Rules.

Key legal issues

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01

Substitution of a deceased appellant under Rule 99

Holding

The motion for substitution of the deceased appellant by his brother was allowed, the 1st respondent not opposing it.

Reasoning

The applicant moved under Rule 99(1) of the Court of Appeal Rules to substitute the appellant who expired on June 29, 2020, evidenced by a burial permit. The 1st respondent's counsel indicated no opposition. Provisions of Order 24 of the Civil Procedure Rules cited by the applicant were inapplicable and ignored. The court allowed the motion with no orders as to costs.

p. 1

Legal principles established

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  • Order 24 of the Civil Procedure Rules does not apply to substitution of a party on appeal under Rule 99 of the Court of Appeal Rules.

Court orders

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  1. 1.Motion dated October 29, 2021 allowed
  2. 2.No orders as to costs

Authorities

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Legislation

  • Court of Appeal Rules, 2010Rule 99(1)
  • Civil Procedure RulesOrder 24
Jurisdiction invoked
Rule 99(1) of the Court of Appeal Rules, 2010

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Awuor v Onyango & another", Case Analysis (2022). Civil Application 57 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2022/627/eng@2022-07-08

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.