Benjamin Kiptoo Boit & 1 other v Nancy Njambi Kiongera T/A Chapters Insuranc Agency & 1 other

Boit & another (Both Suing as Personal Representatives of the Estate of Willy Kipngetich Too Deceased) v Nancy Njambi Kiongera t/a Chapters Insuranc Agency & another (Civil Case E127 of 2022) [2024] KEHC 4672 (KLR) (25 April 2024) (Ruling) Neutral citation: [2024] KEHC 4672 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAKURU CIVIL CASE E127 OF 2022 SM MOHOCHI, J APRIL 25, 2024 BETWEEN BENJAMIN KIPTOO BOIT ............................................................. 1ST APPELLANT MILCAH NJOKI KIMANI .............................................................. 2ND APPELLANT BOTH SUING AS PERSONAL REPRESENTATIVES OF THE ESTATE OF WILLY KIPNGETICH TOO DECEASED AND NANCY NJAMBI KIONGERA T/A CHAPTERS INSURANC AGENCY .......................................................................................... 1ST RESPONDENT SONADOR MOTORS LIMITED ................................................ 2ND RESPONDENT RULING 1. The only sole issue for this Court to consider is whether an Appellant can introduce a party on appeal, which party never participated in the impugned trial and judgment on appeal? 2. The application dated 6th November 2023 is found to be of merit and is allowed in terms of orders 1 and 2. The 2nd Respondent is hereby struck off as a party herein. 3. The Record of Appeal has been prepared and this Court shall thus proceed to give directions on disposal of the appeal. 4. The Appeal is admitted as being ripe for hearing and the same shall be determined by way of written submissions. 5. The Appellant has 14 days to file written submissions and not more than 5 pages. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/4672/eng@2024-04-25 1

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