Monica Aduda Sule v Duncan Otieno Juma & 1 other

Sule v Juma & another (Civil Appeal 97 of 2019) [2024] KEHC 12033 (KLR) (1 October 2024) (Ruling) Neutral citation: [2024] KEHC 12033 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU CIVIL APPEAL 97 OF 2019 MS SHARIFF, J OCTOBER 1, 2024 BETWEEN MONICA ADUDA SULE ........................................................................ APPELLANT AND DUNCAN OTIENO JUMA ........................................................... 1ST RESPONDENT GOWDENSIA AWINO JUMA ..................................................... 2ND RESPONDENT RULING 1. I have considered the notice of motion dated 8.7.2024, the supporting affidavit of John Omolo Bodo of even date and the enclosures. I have also considered the rival submissions of parties and I have to agree with Ms. Omondi that time lapsed one year after the death of the Appellant on 21.2.2023. No leave was sought to extend the limitation period prior to the filing of this application. 2. It has been submitted by the Appellant’s Counsel that an earlier application for substitution had been dismissed for want of a grant of letters of administration on the part of the Applicant. 3. It is not the duty of this court to accommodate lapses of parties. 4. This appeal abated on 21.2.2024 wherefore there is no substratum to enable substitution of the Appellant. 5. This application is thus disallowed with no orders as to costs. 6. This file is marked as closed. DELIVERED, DATED AND SIGNED AT KISUMU THIS 1ST DAY OF OCTOBER, 2024. M. S. SHARIFF JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/12033/eng@2024-10-01 1