Sidhu & another (Executors of the Estate of Raghbir Singh Sidhu) v Tenai & 6 others (Civil Application 106 of 2019) [2022] KECA 1218 (KLR) (4 November 2022) (Ruling) Neutral citation: [2022] KECA 1218 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU CIVIL APPLICATION 106 OF 2019 F TUIYOTT, JA NOVEMBER 4, 2022 BETWEEN DAVINDER KAUR SIDHU .............................................................. 1ST APPLICANT SANJEEV PATEL ............................................................................... 2ND APPLICANT EXECUTORS OF THE ESTATE OF RAGHBIR SINGH SIDHU AND GEOFFREY TENAI ........................................................................ 1ST RESPONDENT RAGHBIR SINGH SIDHU ........................................................... 2ND RESPONDENT KIPKEMBOI ARAP KOSKEI ...................................................... 3RD RESPONDENT COMMISSIONER OF LANDS ..................................................... 4TH RESPONDENT THE COUNTY LAND REGISTRAR ......................................... 5TH RESPONDENT NATIONAL LAND COMMISSION ............................................ 6TH RESPONDENT THE ATTORNEY GENERAL ...................................................... 7TH RESPONDENT (Being an Application to substitute the 1st Respondent, Raghbir Singh Sidhu from the Judgment of the Environment and Land Court of Kenya at Eldoret (A. Ombwayo, J) Dated 21st December, 2019 in Eldoret ELC No. 200 of 2015) RULING 1. The notice of motion dated June 10, 2022 is for allowing. It seeks that Davinder Kaur Sidhu (Davinder) and Sanjeev Patel (Sanjeev) be made party to this appeal in place of the 1st respondent, Raghbir Singh Sidhu (Raghbir). https://new.kenyalaw.org/akn/ke/judgment/keca/2022/1218/eng@2022-11-04 1
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2. Raghbir died on April 3, 2021 at 7 Waratah Mews, Hillarys, Western Australia. He was 75 years at the date of his death. Davinder and Sanjeev are personal representatives of his estate, grant of probate of will having issued to them on November 3, 2021 in Eldoret Succession Cause No. 23 of 2021. All these information is in the joint adavit of Davinder and Sanjeev sworn on June 12, 2022 and is not controverted as no response to the application was led. 3. The application for substitution is brought within a year of the death of Raghbir and the appeal has not abated (Rule 99 of our Rules (now Rule 102)) and is therefore merited. I allow the notice of motion dated June 10, 2022, no order on costs. DATED AND DELIVERED AT KISUMU THIS 4TH DAY OF NOVEMBER, 2022. F. TUIYOTT ...................................... JUDGE OF APPEAL I certify that this is a true copy of the original. SIGNED DEPUTY REGISTRAR. https://new.kenyalaw.org/akn/ke/judgment/keca/2022/1218/eng@2022-11-04 2
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