Cecilia Njoki Maina v Samuel Kangethe Kimani [2015] KEELC 297 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT OF KENYA

AT NAKURU

CIVIL APPEAL NO 155 OF 2006

CECILIA NJOKI MAINA………….APPELLANT

VERSUS

SAMUEL KANGETHE KIMANI ....RESPONDENT

RULING

(Application for substitution; application allowed)

1. The application before me is that dated 2nd April 2015 filed by one Beth Mary Kimani. She has described herself as widow to the respondent to this appeal. She holds a grant of letters of administration for the estate of Samuel Kangethe Kimani, the respondent in this appeal. Through this application, she wishes to be substituted as respondent in place of Samuel Kangethe Kimani who is deceased. The application is brought under the provisions of Order 24 which allows the substitution of a deceased litigant.

2. I have gone through the application and supporting affidavit. I  have  seen  attached to her  supporting  affidavit, the  grant  of letters of  administration showing  that she is  the legal representative  of the deceased.

The application is not opposed and I have no reason to disallow it.  I allow the same and direct that Beth Mary Kimani, be substituted for the deceased respondent. There shall be no orders as to costs.

Dated, signed and delivered in open court at Nakuru this 7th   July 2015.

MUNYAO SILA

JUDGE

ENVIRONMENT & LAND COURT

AT NAKURU

In presence of

Mr Morara present for respondent in the appeal/applicant.

Appellant present acting in person

CA:   Janet

MUNYAO SILA

JUDGE

ENVIRONMENT & LAND COURT

AT NAKURU