Lokedingole (Suing as the Personal Representative of the Estate of Lokendingole Lipopur (Deceased)) v Ariongonyang & 2 others; Lwoyeke (As the Personal Representative of the Estate of the Loyeke Ariongonyang alias Samwel Ngolekerus) (Applicant) (Environment and Land Case 98 of 2016) [2026] KEELC 2170 (KLR) (15 April 2026) (Ruling) Neutral citation: [2026] KEELC 2170 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT KITALE ENVIRONMENT AND LAND CASE 98 OF 2016 CK NZILI, J APRIL 15, 2026 BETWEEN EMMANUEL LOKEDINGOLE (SUING AS THE PERSONAL REPRESENTATIVE OF THE ESTATE OF LOKENDINGOLE LIPOPUR (DECEASED) ................................................................................................ PLAINTIFF AND LOKOYE ARIONGONYANG ......................................................... 1ST DEFENDANT EMMANUEL LOLINGANYANG ................................................... 2ND DEFENDANT THOMAS JELIM .............................................................................. 3RD DEFENDANT AND CHEPONYORIO LWOYEKE (AS THE PERSONAL REPRESENTATIVE OF THE ESTATE OF THE LOYEKE ARIONGONYANG ALIAS SAMWEL NGOLEKERUS) ........................................................................................ APPLICANT RULING 1. By an application dated 30/1/2026, the court is asked to grant leave for the 1st defendant, who is deceased, to be substituted with his wife as a legal administrator following issuance of a limited grant ad litem issued to Cheponyorio Lwoyeke on 19/6/2025 in Kitale CM Cause No. E115 of 2025. The reasons are contained on the face of the application and in a supporting afidavit of Cheponyorio Lwoyeke, sworn on 20/1/2026. 2. Briefiy, the applicant deposes that she is the wife of the deceased, 1st defendant, who passed on on 15/4/2025 before the judgment was delivered on 11/6/2025 in favour of the plaintifi. The deponent https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2170/eng@2026-04-15 1
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states that she has since obtained a limited grant ad litem attached as annexure marked CL (1). She urges the court to allow the application so that she can pursue an appeal against the judgment on behalf of the estate of the 1st defendant. 3. Though the plaintifi was served with the application and attended court on 10/7/2025, there is no replying afidavit filed. The 1st defendant relies on written submissions dated 2/2/2026. Substitution of judgment debtor is provided under Section 37 of the Civil Procedure Act and Order 24 of the Civil Procedure Rules, before the decree is satisfied with a legal representative of such deceased. 4. Order 24 Rule 4 of the Civil Procedure Rules relates to defence in a suit. Continuance of a suit is allowed through the substitution of a deceased with a holder of letters of administration. The applicant says she has been nominated under Section 54 of the Law of Succession Act, as a legal representative of the estate of the 1st defendant. 5. The court has carefully looked at the application. The defendants in this matter testified and closed their defence on 20/2/2025. Judgment was then reserved for 11/6/2025. It appears that the 1st defendant passed on before the judgment was delivered on 11/6/2025, but the court was not notified of the same. This means that the 1st defendant could not file any appeal without substitution. Therefore, the court finds merit in the application. It is allowed with no order as to costs. 6. Orders accordingly. RULING DATED, SIGNED, AND DELIVERED VIA MICROSOFT TEAMS/OPEN COURT AT KITALE ON THIS 15TH DAY OF APRIL 2026. HON. C.K. NZILI JUDGE, ELC KITALE. In the presence of: Court Assistant - Dennis Mr. Kiarie for plaintifi/respondent present Kaosa for applicant/defendant absent https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2170/eng@2026-04-15 2
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