Daniel Kahara Wakigo v John Kiumbuku Chege, James Gitau Chege, Simon Machieya Chege, Harrison Muchene Chege & Public Trustee [2021] KECA 699 (KLR)

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: D. K. MUSINGA, J.A.)

CIVIL APPEAL NO. 252 OF 2019

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

AND     JOHN KIUMBUKU CHEGE........................................1ST RESPONDENT

JAMES GITAU CHEGE.............................................. 2ND RESPONDENT

SIMON MACHIEYA CHEGE.................................... 3RD RESPONDENT

HARRISON MUCHENE CHEGE.............................. 4TH RESPONDENT

THE PUBLIC TRUSTEE............................................  5TH RESPONDENT

(Being an appeal from the Ruling and Order of the High Court of Kenya at Nairobi (W. Musyoka, J.) delivered on 14th June 2018

in

H.C. Succ. Cause No. 202 of 1990. )

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

RULING

1.  By an application dated 25th September 2020, Naomi Wairimu Kahara, the widow ofDaniel Kahara Wakigo, the deceased appellant, seeks to be substituted as the appellant in place of her deceased husband, who died on 5th May 2020. The applicant obtained limited grant of letters of administration of the deceased’s estate on 11th September 2020.

2.  The application is not opposed. As the application was brought in accordance with the provisions of rule 99(1) of this Court’s Rules, I hereby allow the same with no order as to costs.

DATED AND DELIVERED AT NAIROBI THIS 23RD DAY OF APRIL, 2021.

D. K. MUSINGA

……………..………..

JUDGE OF APPEAL

I certify that this is a true copy of the original.

Signed

DEPUTY RGISTRA