Mathii v Bedan

Mathii v Bedan (Civil Appeal (Application) 35 of 2019) [2022] KECA 1129 (KLR) (19 October 2022) (Ruling) Neutral citation: [2022] KECA 1129 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NYERI CIVIL APPEAL (APPLICATION) 35 OF 2019 LK KIMARU, JA OCTOBER 19, 2022 BETWEEN FRANCIS MAINA MATHII ................................................................... APPLICANT AND PETER NGURU BEDAN .................................................................... RESPONDENT (An application for leave to appeal out of time against the Ruling/Order of the High Court of Kenya at Murang’a (Kemei, J.) dated 31st July, 2018inE.L.C. No. 415 “B” of 2017) RULING 1. The Applicant, Francis Maina Mathii led an application pursuant to Rule 4 of the Court of Appeal Rules seeking to be granted leave to appeal out of time from the decision rendered by the Murang’a Land and Environment Court that was rendered on 31st July, 2018. The application was lodged in this Court on 10th February, 2021. In an email written to the Deputy Registrar of this Court dated 18th October, 2022, by G. K. Kibira & Company Advocates, the Court has been informed that the Applicant died on 5th November, 2021. No evidence in form of a death certicate or a burial permit was placed before the Court to support the said Advocate’s assertion that indeed the Applicant is deceased. Despite of that fact, this Court cannot ignore the information and proceed with the hearing of the application before a required clarication is made. 2. In the circumstances therefore, the hearing of this application is adjourned until the requisite documents are led in Court indicating that indeed the Applicant is deceased or if the Applicant’s death is conrmed, until an appropriate application is led by a personal representative to substitute him as a party to these proceedings. 3. There shall be no orders as to costs. DATED AT NYERI THIS 19TH DAY OF OCTOBER, 2022. https://new.kenyalaw.org/akn/ke/judgment/keca/2022/1129/eng@2022-10-19 1

page 1 of 2