CHRISTINE MUKLRI & 2 others v MERCY GAKII & 2 others
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Who qualifies as a legal representative of a deceased party for purposes of substitution
Only a person appointed as such by a Succession Court under the Law of Succession Act qualifies; the proposed substitutes had not yet been so appointed
The court reaffirmed the position in Trouistik Union International v Jane Mbeyu that legal representation of a deceased person flows from appointment by a Succession Court. The respondents' counsel had already petitioned for a limited grant ad litem in the Meru High Court, so the proper process was underway and the applicants' application was unnecessary.
Whether the application under rule 99 was competent
It was not; it was made on wrong premises and was superfluous
The application was founded on the assertion that nothing was being done to replace the deceased respondent. In fact, four months before the application was filed, counsel for the deceased's family had petitioned for letters of administration ad litem in the Meru High Court. The application was therefore struck out.
Legal principles established
#- The legal representative of a deceased person is the person appointed as such by a Succession Court in accordance with the Law of Succession Act
Court orders
#- 1.The application is struck out with no order as to costs
- Jurisdiction invoked
- Section 3, 3A & 38 of the Appellate Jurisdiction Act and rule 99 of the Court of Appeal Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "CHRISTINE MUKLRI & 2 others v MERCY GAKII & 2 others", Case Analysis (2024). Civil Application 133 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2024/1888/eng@2024-12-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.