Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
Court of AppealPartially AllowedNot stated in the judgment· [2025] KECA 562 (KLR)

Dishon Mareko Mwa Ngine & 4 others v Francis Njeru Njoka & 1 other

Court of Appeal of Kenya
28 March 2025
SKS. ole Kantai
495 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

#

The Court of Appeal revived an appeal that had died when a substitution deadline lapsed, accepting an elderly applicant's honest explanation for the delay.

What this practically means

#

Executive summary

#
This was a Chamber application before the Court of Appeal at Nyeri, decided by S. ole Kantai, JA, under sections 3A and 3B of the Appellate Jurisdiction Act and rules 4, 87 and 102 of the Court of Appeal Rules. The applicants sought revival of their appeal, which abated on 9th June, 2024 upon the lapse of 60 days ordered by the Court on 9th April, 2024, and the substitution of Mary Nthuraku Njeru and Inyasio Mwaniki Ngari as legal representatives of the Estate of Francis Njeru, the deceased 2nd respondent. The background was that when the appeal came up for hearing on 9th April, 2024, counsel indicated that several parties had died; the Court directed the appellants to file a substitution application within 60 days. The appellants did not comply within that period, because the deponent, a person of advanced age, could not obtain the relevant information, including the Certificate of Confirmation of Grant issued on 8th April, 2023, in time. The respondents did not file submissions despite notice. The Judge accepted the explanation as reasonable and allowed the application, reviving the appeal and substituting the two personal representatives of the deceased 2nd respondent. No order was made on costs. The decision is a single-judge procedural ruling and turns on the court's discretion to revive an abated appeal where a reasonable explanation for the delay is offered.

Key legal issues

#
01

Revival of an appeal that abated on lapse of the period ordered for substitution of a deceased party

Holding

The application to revive was allowed because the applicant gave a reasonable explanation for the delay - being of advanced age, he was unable to obtain the grant and relevant information within the 60 days ordered, but later obtained a Certificate of Confirmation of Grant identifying the deceased's personal representatives.

Reasoning

The appeal abated automatically on 9th June, 2024 when the 60 days ordered on 9th April, 2024 for filing a substitution application lapsed. The deponent explained that his advanced age prevented him gathering the necessary information in time, and he subsequently obtained the Certificate of Confirmation of Grant issued on 8th April, 2023 appointing the two personal representatives. The court accepted this as a reasonable explanation and revived the appeal in the interests of justice, substituting the representatives.

p. 2

Legal principles established

#
  • An abated appeal may be revived where the applicant offers a reasonable explanation for failing to seek substitution within the time ordered, in the interests of justice

Court orders

#
  1. 1.The application is allowed and the appeal is revived
  2. 2.Mary Nthuraku Njeru and Inyasio Mwaniki Ngari are appointed as the representatives of the Estate of Francis Njeru (deceased) and substituted as parties
  3. 3.No order on costs
Jurisdiction invoked
Section 3A and 3B of the Appellate Jurisdiction Act; rules 4, 87 and 102 of the Court of Appeal Rules

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Dishon Mareko Mwa Ngine & 4 others v Francis Njeru Njoka & 1 other", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/562/eng@2025-03-28

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