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ELCAllowedNot stated in the judgment· [2025] KEELC 4447 (KLR)

Magere & another v Nyang’ara (Environment and Land Appeal E012 of 2023) [2025] KEELC 4447 (KLR)

Environment and Land Court
12 June 2025
MSMunyao Sila
195 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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When a party to a Kenyan land appeal dies, their estate's administrators can be substituted so the case continues.

What this practically means

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Executive summary

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This was a ruling on a notice of motion dated 21 March 2025 filed by the appellants in an appeal pending before the Environment and Land Court at Kisii. The appellants informed the court that the respondent in the appeal, Margaret Nyangara, had died, and sought her substitution with Douglas Mauti, Vincent Omboga and Gladys Moraa Mariba. In a supporting affidavit sworn by the 1st appellant, it was deposed that the three persons had been appointed administrators of the deceased's estate for purposes of the appeal. The appellants annexed a grant ad litem dated 19 February 2025 and issued on 6 March 2025 by the Chief Magistrates' Court at Kisii in Kisii Miscellaneous Succession Cause No. E009 of 2025, in the matter of Margaret Nyangara (deceased). The application was not opposed; nothing was filed against it. The court, per Munyao Sila J, saw no reason to deny the motion and allowed it. The court ordered the substitution of the deceased respondent with the three administrators and directed that the appeal proceed to its logical conclusion. No costs order was recorded. The judgment is brief, dealing only with the substitution application and not the merits of the underlying appeal.

Key legal issues

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01

Substitution of a deceased respondent in a pending appeal

Holding

The court allowed the substitution where a grant ad litem showed the proposed substitutes were administrators of the deceased's estate and the application was unopposed

Reasoning

The appellants demonstrated, through a grant ad litem issued in Kisii Miscellaneous Succession Cause No. E009 of 2025, that the three proposed substitutes were administrators of the deceased respondent's estate for purposes of the appeal. No opposition was filed, and the court saw no reason to refuse the application, allowing it so the appeal could continue.

p. 1

Legal principles established

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  • Where a party to an appeal dies and administrators of the estate have been appointed, the court may substitute them to enable the appeal to proceed

Court orders

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  1. 1.The application dated 21 March 2025 is allowed
  2. 2.The deceased respondent is substituted with Douglas Mauti, Vincent Omboga, and Gladys Moraa Mariba
  3. 3.The appeal to proceed to its logical conclusion
Jurisdiction invoked
Appellate jurisdiction of the Environment and Land Court over an appeal pending before it; substitution of a deceased party under the Civil Procedure Rules (provision not cited in the judgment)

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, "Magere & another v Nyang’ara (Environment and Land Appeal E012 of 2023) [2025] KEELC 4447 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4447/eng@2025-06-12

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