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Court of AppealPartially AllowedNot stated in the judgment (Civil Motion under rule 102 of the Court of Appeal Rules)· [2025] KECA 567 (KLR)

Sabella Gaiti M’inoti & 3 others v Alfred Mugambi M’iniu

Court of Appeal of Kenya
28 March 2025
SKS. ole Kantai
429 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Court of Appeal allowed a family to continue their case by replacing a deceased party with his estate's legal representative, reviving an appeal that had lapsed.

What this practically means

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Executive summary

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This was a single-judge ruling (S. ole Kantai, JA) delivered at Nyeri on 28th March 2025 on a Motion brought under rule 102 of the Court of Appeal Rules. The appellants sought two orders: the appointment of Stanley Mwiti M'Inoti, the legal representative of the deceased respondent Alfred Mugambi M'Iniu, as a party to represent the respondent; and the revival of the appeal, which had abated because no substitution application was made within twelve months of the respondent's death on 18th November 2022. The application was supported by an affidavit of Gerrishon Gituma M'Inoti explaining the delay, and was anchored on a limited grant (letters of administration ad litem) issued on 29th February 2024 in Meru Chief Magistrates Court Miscellaneous Case No. 27 of 2024, following agreement reached in Miscellaneous Succession Case No. E006 of 2024. Hearing notice issued on 7th March 2025 required written submissions, but none were filed by either side. The court found that the appellants had satisfied the requirements of rule 102 and were entitled to substitute the deceased respondent with his appointed legal representative. The court allowed the Motion, directed that Stanley Mwiti M'Inoti represent the estate of the respondent, revived the abated appeal for hearing in the normal way, and made no order as to costs.

Key legal issues

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01

Substitution of a deceased respondent and revival of an abated appeal under rule 102

Holding

The Motion succeeds where the applicants obtain a limited grant (letters of administration ad litem) appointing a legal representative for the deceased's estate; the court may revive the abated appeal.

Reasoning

The respondent died on 18th November 2022 and the appeal abated as no substitution application was made within 12 months of death. The appellants obtained a limited grant ad litem issued on 29th February 2024 in the Chief Magistrates Court at Meru in Miscellaneous Case No. 27 of 2024, appointing Stanley Mwiti M'Inoti to represent the estate. The court was satisfied that this met the requirements of rule 102 and allowed the substitution and revival. The court noted no submissions were filed by either side despite notice.

p. 2

Legal principles established

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  • A party who satisfies the requirements of rule 102 of the Court of Appeal Rules is entitled to have a deceased respondent substituted by the person appointed as legal representative of the deceased's estate, and a lapsed appeal may be revived.

Court orders

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  1. 1.Stanley Mwiti M'Inoti appointed/recognised as the legal representative to represent the Estate of the deceased respondent in the appeal
  2. 2.The appeal, which had abated, is revived and to be listed for hearing in the normal way
  3. 3.No order as to costs
Jurisdiction invoked
Rule 102 of the Court of Appeal Rules

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Sabella Gaiti M’inoti & 3 others v Alfred Mugambi M’iniu", Case Analysis (2025). Not stated in the judgment (Civil Motion under rule 102 of the Court of Appeal Rules). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/567/eng@2025-03-28

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