Sicily Muthoni Gutu & 1 other v Waguama Ndiga

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU Civil Appeal 24 of 2008 SICILY MUTHONI GUTU………………………………………..1ST APPLICANT ADELIDE WANJIRA GAKUYA…………………………………..2ND APPLICANT VERSUS WAGUAMA NDIGA…………………………………………………..RESPONDENT AND ALIKALANDER WATHUIYA MIANO…………………………….APPLICANT RULING This application is brought to court under Order XXII (22) Rule 4, 12 of the Civil Procedure Rules. It is seeking the substitution of one Waguama Ndiga who is deceased. I find the application incompetent and hopelessly defective for the following reasons:1. Order XXII Rule 4 provides as hereunder; “ If the garnishee disputes his liability, the court instead of making an order that execution be levied, may order that any issue or question necessary for determining his indebtedness be tried and determined in the manner in which an issue or question in a suit is tried or determined.” Clearly, these are not garnishee proceedings. 2. Order XXII of the C.P.A Rules is not one of the orders imported into the Law of Succession Act Vide Rule 63 (1) of the Probate and administration Rules. The application is therefore dismissed. W. KARANJA JUDGE

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