Case ID:168621

Daniel Kahara Wakigo v Salome Wangui Chege & another [2020] eKLR

Case Metadata

Case Number:

Civil Appeal 106 of 2020

Parties:

Daniel Kahara Wakigo v Salome Wangui Chege & Public Trustee

Date Delivered:

18 Dec 2020

Case Class:

Civil

Court:

Court of Appeal at Nairobi

Case Action:

Ruling

Judge(s):

Patrick Omwenga Kiage

Citation:

Daniel Kahara Wakigo v Salome Wangui Chege & another [2020] eKLR

Case History:

(An appeal from the ruling and order of the Environment and Land Court at Nairobi (Komingoi, J.) dated 11th December, 2019 in E.L.C No. 1 of 2018)

Court Division:

Civil

County:

Nairobi

History Docket No:

E.L.C No. 1 of 2018)

History Judges:

Loice Chepkemoi Komingoi

History County:

Nairobi

Case Outcome:

Motion 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: KIAGE, J.A. (IN CHAMBERS)

CIVIL APPEAL NO. 106 OF 2020

BETWEEN

DANIEL KAHARA WAKIGO ........................................... APPELLANT

AND

SALOME WANGUI CHEGE .................................1

ST

RESPONDENT

THE PUBLIC TRUSTEE.......................................2

ND

RESPONDENT

(An appeal from the ruling and order of the Environment and Land Court at Nairobi (Komingoi, J.) dated 11

th

December, 2019

in

E.L.C No. 1 of 2018)

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

RULING

The motion dated 25th September 2020 is brought under

Rule 99(1)

of the

Court of Appeal Rules

. The applicant also cites provisions of

Order 24

of the

Civil Procedure Rules

. The latter rules are of no application to the matter at hand and I shall duly ignore them.

The motion seeks to substitute the appellant

Daniel Kahara

Wakigo

who expired on 5th May 2020 as attested to by the Certificate of Death annexed to the supporting affidavit of the applicant

Naomi Wairimu Kahara

, the appellant’s widow.

The motion is not opposed as no replying affidavit has been filed by the respondent. There really is no reason for opposition anyway.

The motion having been brought in timely fashion, and being satisfied that the widow

Naomi Wairimu Kahara,

who holds a limited grant of letters of administration issued to her in Nairobi HCF P&A/E770/2020, is the legal representative of the appellant, I allow the motion with no orders as to costs.

Orders accordingly.

Dated and delivered at Nairobi this 18

th

day of December, 2020.

P. O. KIAGE

……………………..…………….…

JUDGE OF APPEAL

I certify that this is a true

copy of the original.

Signed

DEPUTY REGISTRAR