Case ID:165506

Stanley Mbiuki v Director, Land Adjudication & another [2020] eKLR

Case Metadata

Case Number:

Civil Appeal 37 of 2016

Parties:

Stanley Mbiuki v Director, Land Adjudication & Muratha Micheu

Date Delivered:

23 Oct 2020

Case Class:

Civil

Court:

Court of Appeal at Nairobi

Case Action:

Ruling

Judge(s):

Agnes Kalekye Murgor

Citation:

Stanley Mbiuki v Director, Land Adjudication & another [2020] eKLR

Case History:

(An appeal from the judgment of the High Court of Kenya at Nairobi (W. Korir, J.) dated 19th March 2015

in

H.CC. JR No. 37 of 1984)

Court Division:

Civil

County:

Nairobi

History Docket No:

H.CC. JR No. 37 of 1984

History Judges:

Weldon Kipyegon Korir

History County:

Nairobi

Case Outcome:

Application allowed

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: MURGOR, J.A. (IN CHAMBERS)

CIVIL APPEAL NO. 37 OF 2016

BETWEEN

STANLEY MBIUKI................................APPLICANT

AND

1. DIRECTOR, LAND ADJUDICATION

2. MURATHA MICHEU.....................RESPONDENTS

(An appeal from the judgment of the High Court of Kenya at Nairobi (W. Korir, J.) dated 19

th

March 2015

in

H.CC. JR No. 37 of 1984)

************************

RULING

This Notice of Motion dated 5

th

May 2020 expressed to have been made under

rule 99(1)(2)

and

3

of the Court of Appeal Rules seeks orders, for;

“That the Honourable Court be pleased to substitute the appellant Stanley Mbiuki with Bernard Baithumbi Kararwa.”

The application is premised on the grounds that the appellant died on 27

th

August 2020 and that a Limited Grant of Representation was issued to Bernand Gaithumbi Kararwa on 2

nd

January 2020. The application is

supported by the affidavit of Bernand Gaithumbi Kararwa sworn on 5

th

May 2020.

Notwithstanding that the respondents were served with a Notice of today’s hearing date on 17

th

October 2020, they have neither filed a replying affidavit nor submissions in respect of the motion.

Nevertheless, given the circumstances of the application, it is allowed and I grant the order of substitution sought. That costs thereof shall abide the outcome of the appeal.

Dated and delivered at Nairobi this 23

rd

day of October, 2020

A.K. MURGOR

......................................

JUDGE OF APPEAL

I certify that this is a true

copy of the original.

Signed

DEPUTY REGISTRAR