Case ID:206436

Sidhu & another (Executors of the Estate of Raghbir Singh Sidhu) v Tenai & 6 others (Civil Application 106 of 2019) [2022] KECA 1218 (KLR) (4 November 2022) (Ruling)

Case Metadata

Case Number:

Civil Application 106 of 2019

Parties:

Sidhu & another (Executors of the Estate of Raghbir Singh Sidhu) v Tenai & 6 others

Date Delivered:

04 Nov 2022

Case Class:

Court:

Court of Appeal at Kisumu

Case Action:

Ruling

Judge(s):

Francis Tuiyott

Citation:

Sidhu & another (Executors of the Estate of Raghbir Singh Sidhu) v Tenai & 6 others (Civil Application 106 of 2019) [2022] KECA 1218 (KLR) (4 November 2022) (Ruling)

Court Division:

Civil

County:

Kisumu

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

Sidhu & another (Executors of the Estate of Raghbir Singh Sidhu) v Tenai & 6 others (Civil Application 106 of 2019) [2022] KECA 1218 (KLR) (4 November 2022) (Ruling)

Neutral citation:

[2022] KECA 1218 (KLR)

Republic of Kenya

In the Court of Appeal at Kisumu

Civil Application 106 of 2019

F Tuiyott, JA

November 4, 2022

Between

Davinder Kaur Sidhu

1

st

Applicant

Sanjeev Patel

2

nd

Applicant

Executors of the Estate of Raghbir Singh Sidhu

and

Geoffrey Tenai

1

st

Respondent

Raghbir Singh Sidhu

2

nd

Respondent

Kipkemboi Arap Koskei

3

rd

Respondent

Commissioner of Lands

4

th

Respondent

The County Land Registrar

5

th

Respondent

National Land Commission

6

th

Respondent

The Attorney General

7

th

Respondent

(Being an Application to substitute the 1st Respondent, Raghbir Singh Sidhu from the Judgment of the Environment and Land Court of Kenya at Eldoret (A. Ombwayo, J) Dated 21st December, 2019 in Eldoret ELC No. 200 of 2015

Environment & Land Case 200 of 2015

)

Ruling

1.

The notice of motion dated June 10, 2022 is for allowing. It seeks that Davinder Kaur Sidhu (Davinder) and Sanjeev Patel (Sanjeev) be made party to this appeal in place of the 1

st

respondent, Raghbir Singh Sidhu (Raghbir).

2.

Raghbir died on April 3, 2021 at 7 Waratah Mews, Hillarys, Western Australia. He was 75 years at the date of his death. Davinder and Sanjeev are personal representatives of his estate, grant of probate of will having issued to them on November 3, 2021 in Eldoret Succession Cause No. 23 of 2021. All these information is in the joint affidavit of Davinder and Sanjeev sworn on June 12, 2022 and is not controverted as no response to the application was filed.

3.

The application for substitution is brought within a year of the death of Raghbir and the appeal has not abated (Rule 99 of our Rules (now Rule 102)) and is therefore merited. I allow the notice of motion dated June 10, 2022, no order on costs.

DATED AND DELIVERED AT KISUMU THIS 4TH DAY OF NOVEMBER, 2022.

F. TUIYOTT

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

JUDGE OF APPEAL

I certify that this is a

true copy of the original.

SIGNED

DEPUTY REGISTRAR.