Daniel Kahara Wakigo v Salome Wangui Chege & Public Trustee [2020] KECA 18 (KLR)

IN THE COURT OF APPEAL

AT NAIROBI

CORAM: KIAGE, J.A.  (IN CHAMBERS)

CIVIL APPEAL NO. 106 OF 2020

BETWEEN

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

AND

SALOME WANGUI CHEGE .................................1STRESPONDENT

THE PUBLIC TRUSTEE.......................................2NDRESPONDENT

(An appeal from the ruling and order of the Environment and Land Court at Nairobi (Komingoi, J.) dated 11thDecember, 2019

in

E.L.C No. 1 of 2018)

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

RULING

The motion dated 25th September 2020 is brought under Rule 99(1)of theCourt of Appeal Rules. The applicant also cites provisions of Order 24 of the Civil Procedure Rules. The latter rules are of no application to the matter at hand and I shall duly ignore them.

The motion seeks to substitute the appellant Daniel Kahara Wakigowho expired on 5th May 2020 as attested to by the Certificate of Death annexed to the supporting affidavit of the applicant Naomi Wairimu Kahara, the appellant’s widow.

The motion is not opposed as no replying affidavit has been filed by the respondent. There really is no reason for opposition anyway.

The motion having been brought in timely fashion, and being satisfied that the widow Naomi Wairimu Kahara, who holds a limited grant of letters of administration issued to her in Nairobi HCF P&A/E770/2020, is the legal representative of the appellant, I allow the motion with no orders as to costs.

Orders accordingly.

Dated and delivered at Nairobi this 18thday of December, 2020.

P. O. KIAGE

……………………..…………….…

JUDGE OF APPEAL

I certify that this is a true

copy of the original.

Signed

DEPUTY REGISTRAR