Geoffrey Boro Thuo & 2 others v Joyce Mungai & 2 others

Thuo (Suing as the Legal Administrator of the Estate of the Late Peris Njeri Thuo) v Mungai (Suing as a Co-Administrator of the Estate of the Late Hannah Wanjiku Mungai) (Civil Appeal (Application) 58 of 2018) [2026] KECA 271 (KLR) (19 February 2026) (Ruling) Neutral citation: [2026] KECA 271 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAKURU CIVIL APPEAL (APPLICATION) 58 OF 2018 JM MATIVO, JA FEBRUARY 19, 2026 BETWEEN GEOFFREY BORO THUO ...................................................................... APPLICANT SUING AS THE LEGAL ADMINISTRATOR OF THE ESTATE OF THE LATE PERIS NJERI THUO AND JOYCE MUNGAI .................................................................................. RESPONDENT SUING AS A CO-ADMINISTRATOR OF THE ESTATE OF THE LATE HANNAH WANJIKU MUNGAI (Being an application from the judgment of the High Court of Kenya at Nakuru (J. Mulwa, J.) dated 2nd March 2017 in HCCC. No.203 of 2007) RULING 1. The applicant in his application dated 14th November 2025 prays for orders that Peris Njeri Thuo (deceased) be substituted with Geoffrey Boro Thuo as a respondent in this appeal. The grounds in support of the application are enumerated in the applicant’s supporting affidavit annexed to the application dated 14th November 2025. Annexed to the application is the death certificate of the late Peris Njeri Thuo showing that she died on 24th January 2023. Even though the applicant states that he obtained a limited grant, the same has not been annexed to the application, therefore, it is not possible for this Court to ascertain whether the applicant has the legal capacity to be substituted as the deceased’s legal representative. 2. On record is a consent letter dated 16th February 2026 signed by counsel for both parties agreeing by consent that the period be extended as prayed and that the costs of the application be in the cause. https://new.kenyalaw.org/akn/ke/judgment/keca/2026/271/eng@2026-02-19 1

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