Kanampiu & 2 others v Justus; Mugambi (Intended Respondent)
The bottom line
#Kenya's Court of Appeal allowed a deceased respondent's daughter to be substituted so a land appeal could continue.
What this practically means
#Executive summary
#Key legal issues
#Substitution of a deceased respondent's personal representative to continue an appeal concerning land
The application for substitution was merited and allowed; the daughter of the deceased, holding a Limited Grant of Letters of Administration, was substituted as respondent.
The applicant produced a Limited Grant of Letters of Administration ad litem issued in a miscellaneous succession cause declaring her the personal representative of the deceased respondent. The subject matter of the appeal is land, justifying continuation. The application was unopposed and the court invoked its discretion under Rule 102(3) of the Court of Appeal Rules 2022 to allow substitution.
Legal principles established
#- The Court of Appeal has discretion under Rule 102(3) of the Court of Appeal Rules 2022 to revive an appeal and substitute the personal representative of a deceased party.
Court orders
#- 1.Harriet Muthoni Mugambi is allowed to substitute Alice Kathure Justus (deceased) as the Respondent in this appeal
- 2.No orders as to costs
- On appeal from
- High Court of Kenya at Chuka
- H.C. Misc. Appl. No. 26 of 2016
- Jurisdiction invoked
- Rule 102(3) of the Court of Appeal Rules, 2022
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kanampiu & 2 others v Justus; Mugambi (Intended Respondent)", Case Analysis (2022). Civil Appeal (Application) 97 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2022/1157/eng@2022-10-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.