Mugo & another v Mugo & 2 others [2021] KECA 61 (KLR)

Mugo & another v Mugo & 2 others (Civil Appeal 1 of 2013) [2021] KECA 61 (KLR) (8 October 2021) (Order)

Neutral citation number: [2021] KECA 61 (KLR)

Republic of Kenya

In the Court of Appeal at Nyeri

Civil Appeal No. 1 of 2013

DK Musinga, MSA Makhandia & F Sichale, JJA

October 8, 2021

Between

Edward Njagi Mugo

1st Applicant

Gideon Kiura Mugo

2nd Applicant

and

Stephen Muna Mugo

1st Respondent

Mugo Nyaga

2nd Respondent

Anthony Mbiri Ndwiga

3rd Respondent

(Being an appeal from the proceedings and judgment dated 16th day of November, 2011 of the High Court at Embu by (Hon. Lady Justice H.M. Okwengu and delivered by Hon. Lady Justice H. Ongu’di in Embu High Court Civil Appeal No. 27 of 2000)

Order

1The appeal is against the respondents who are deceased. An application for revival of the appeal was dismissed.

2. The appeal is hereby marked as having abated, the respondents having died more than a year ago and an application for their substitution having been dismissed.

DATED AT NAIROBI THIS 8THDAY OF OCTOBER, 2021D.K. MUSINGA (P).......................JUDGE OF APPEALASIKE MAKHANDIA......................JUDGE OF APPEALF. SICHALE......................JUDGE OF APPEALI certify that this is a truecopy of the original.SignedDEPUTY REGISTRAR