Boit & another (Both Suing as Personal Representatives of the Estate of Willy Kipngetich Too Deceased) v Nancy Njambi Kiongera t/a Chapters Insuranc Agency & another [2024] KEHC 4672 (KLR)

Boit & another (Both Suing as Personal Representatives of the Estate of Willy Kipngetich Too Deceased) v Nancy Njambi Kiongera t/a Chapters Insuranc Agency & another (Civil Case E127 of 2022) [2024] KEHC 4672 (KLR) (25 April 2024) (Ruling)

Neutral citation: [2024] KEHC 4672 (KLR)

Republic of Kenya

In the High Court at Nakuru

Civil Case E127 of 2022

SM Mohochi, J

April 25, 2024

Between

Benjamin Kiptoo Boit

1st Appellant

Milcah Njoki Kimani

2nd Appellant

Both Suing as Personal Representatives of the Estate of Willy Kipngetich Too Deceased

and

Nancy Njambi Kiongera t/a Chapters Insuranc Agency

1st Respondent

Sonador Motors Limited

2nd Respondent

Ruling

1. The only sole issue for this Court to consider is whether an Appellant can introduce a party on appeal, which party never participated in the impugned trial and judgment on appeal?

2. The application dated 6th November 2023 is found to be of merit and is allowed in terms of orders 1 and 2. The 2nd Respondent is hereby struck off as a party herein.

3. The Record of Appeal has been prepared and this Court shall thus proceed to give directions on disposal of the appeal.

4. The Appeal is admitted as being ripe for hearing and the same shall be determined by way of written submissions.

5. The Appellant has 14 days to file written submissions and not more than 5 pages.

6. The Respondent has a corresponding 14 days. Mention to confirm compliance and mention to confirm compliance and fix judgment date on 2nd July 2024.

SIGNED, DATED AND DELIVERED AT NAKURU ON THIS 25TH DAY OF APRIL 2024. MOHOCHI S. M.JUDGE