Kamau v Mbugua; Muya (Applicant) [2023] KECA 1177 (KLR)

Kamau v Mbugua; Muya (Applicant) (Civil Appeal (Application) 207 of 2019) [2023] KECA 1177 (KLR) (6 October 2023) (Ruling)

Neutral citation: [2023] KECA 1177 (KLR)

Republic of Kenya

In the Court of Appeal at Nairobi

Civil Appeal (Application) 207 of 2019

MSA Makhandia, JA

October 6, 2023

Between

Hannah Njeri Kamau

Appellant

and

Daniel Muya Mbugua

Respondent

and

Jane Wangari Muya

Applicant

(An application for substitution of the appellant in Nairobi Court of Appeal in Civil Appeal No. 207 of 2019)

Ruling

1. The applicant, Jane Wangari Muya, by an application dated September 19, 2022 seeks to substitute Daniel Muya Mbugua (the deceased respondent), who died on January 16, 2020. The applicant is the legal representative and widow of the deceased.

2. The subject matter of the appeal is a parcel of land known as Githunguri/Gathangari/1612, which survives the deceased appellant’s death as per the certificate of confirmation of grant dated June 30, 2021.

3. As the application is not opposed and is brought timeously under the appropriate rule 99 of this Court’s rules, I hereby allow the same with no order as to costs.

DATED AND DELIVERED AT NAIROBI THIS 6TH DAY OF OCTOBER, 2023. ASIKE-MAKHANDIA........................................JUDGE OF APPEALI certify that this is a True copy of the originalSignedDEPUTY REGISTRAR