Case ID:168888
Parties: None
Date Delivered: None
Case Type: None
Court: None
Judges: None
Citation: None
Richard Napwori Kikwe v Selina Nasike Kikwe Ikwe [2021] eKLR
Case Metadata
Case Number:
Environment and Land Case 18 of 2019
Parties:
Richard Napwori Kikwe v Selina Nasike Kikwe Ikwe
Date Delivered:
18 Jan 2021
Case Class:
Civil
Court:
Environment and Land Court at Bungoma
Case Action:
Ruling
Judge(s):
Boaz Nathan Olao
Citation:
Richard Napwori Kikwe v Selina Nasike Kikwe Ikwe [2021] eKLR
Court Division:
Environment and Land
County:
Bungoma
Case Outcome:
Appeal dismissed
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
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT BUNGOMA
ELC APPEAL NO. 18 OF 2019
RICHARD NAPWORI KIKWE.............................................. APPELLANT
VERSUS
SELINA NASIKE KIKWE IKWE....................................... RESPONDENT
R U L I N G
When this appeal came up on 29
th
October 2020 following the directions of the Deputy Registrar dated 28
th
October 2020,
MR MURUNGA
Counsel for the Respondent urged me to order that this appeal has abated following the demise of the Respondent on 15
th
November 2017.
Since the Appellant is now acting in person having filed a Notice to that effect on 21
st
September 2020, I directed that
MR MURUNGA
files a formal application and submissions to be served within 14 days. The Appellant would also have 14 days from the date of service to respond. However, by the time file was placed before me on 25
th
November 2020 to draft the ruling, only the Respondent had complied.
Following my directions, Counsel for the Respondent filed a formal application premised under the provisions of
Order 24 Rule 4(1)(3)
and
9
of the
Civil Procedure Rules
seeking the following orders: -
1: The appeal be marked as abated.
2: Costs be provided for.
The application is premised on the grounds that the Respondent died on 15
th
November 2017 and has not been substituted. A copy of the Respondent’s Death Certificate was annexed confirming that he died on 15
th
November 2017.
When he appeared before me on 29
th
October 2020, the Appellant did not deny the fact that the Respondent was deceased. He said that infact the Respondent died in 2016 and not on 15
th
November 2017 as alleged.
Having perused the Death Certificate annexed to the application, it is not in doubt that infact the Respondent died on 15
th
November 2017. It is clear from the provision of Order 24 of the Civil Procedure Rules which deal with abatement of suits where the plaintiff or defendant dies and is not substituted within one year, that the same applies to appeals. The Respondent herein died on 15
th
November 2017 and therefore, by operation of the law, this appeal abated one year later. Therefore, on 15
th
November 2018, this appeal abated. The Appellant confirms that he is aware about the demise of the Respondent who he however claims died one year earlier in 2016. The Court will of course abide by the contents of the Death Certificate which confirms the exact date of death as 15
th
November 2017. The Appellant has all along been aware that the Respondent is deceased but has not taken any action towards saving his appeal.
Ultimately therefore, this Court makes the following orders: -
1. This appeal is marked as abated.
2. No orders as to costs.
Boaz N. Olao.
J U D G E
18
th
January 2021.
Ruling dated, signed and delivered at BUNGOMA this 18
th
day of January 2021
by way of electronic mail in keeping with the
COVID – 19
pandemic guidelines.
Boaz N. Olao.
J U D G E
18
th
January 2021.