Muongi & another v Muchiri [2022] KECA 1253 (KLR)

Muongi & another v Muchiri (Civil Appeal (Application) 299 of 2019) [2022] KECA 1253 (KLR) (7 November 2022) (Ruling)

Neutral citation: [2022] KECA 1253 (KLR)

Republic of Kenya

In the Court of Appeal at Nairobi

Civil Appeal (Application) 299 of 2019

LK Kimaru, JA

November 7, 2022

Between

Leonard Mwaura Muongi

1st Appellant

Patrick Munyui Muongi

2nd Appellant

and

Fredrika Mukonoiri Muchiri

Respondent

(Being an appeal against the ruling of the High Court of Kenya (W. Musyoka, J.) dated 15th February, 2019inNairobi HC Succession Cause No. 526 of 2006 Succession Cause 526 of 2006 )

Ruling

1. The 1st appellant, Leonard Mwaura Muongi (deceased), died on 28th May, 2020. A death certificate has been annexed to the affidavit in support of the application as proof of the deceased’s death. The deceased’s widow, Rahab Waithera Mwaura obtained limited grant of Letters of Administration Ad Litem issued by the Kiambu Chief Magistrate’s Court in Probate and Administration Cause No. 274 of 2020 on 27th August, 2020.

2. The widow has, pursuant to Rule 102(2) of the Court of Appeal Rules, 2022 made an application to substitute the deceased, 1st appellant in the appeal. The application was filed before this Court on 10th March, 2021. This was within one year stipulated by Rule 102(1) of the Court of Appeal Rules, 2022. The application is unopposed. That being the case, the same is allowed in the following terms:

i)Rahab Waithera Mwaura is hereby granted leave to substitute Leonard Mwaura Muongi (who is deceased), as the 1st appellant in the appeal.ii)There shall be no orders as to costs.

DATED AND DELIVERED AT NAIROBI THIS 7TH DAY OF NOVEMBER, 2022. L. KIMARUJUDGE OF APPEAL...........................................I certify that this is a True copy of the originalSignedDEPUTY REGISTRAR