Mwangi v Mwangi [2021] KECA 28 (KLR)

Mwangi v Mwangi (Civil Application 20 of 2019) [2021] KECA 28 (KLR) (23 September 2021) (Ruling)

Neutral citation: [2021] KECA 28 (KLR)

Republic of Kenya

In the Court of Appeal at Nyeri

Civil Application 20 of 2019

DK Musinga, JA

September 23, 2021

Between

Kagai Mwangi

Applicant

and

Ephantus Ngari Mwangi

Respondent

(Being an application for extension of time to file a Notice of Appeal and a Memorandum of Appeal from the Judgment of the High Court of Kenya at Kerugoya (Mukunya, J.) in ELC Case No. 174 of 2013)

Ruling

1The applicant’s notice of motion dated 27th February 2019 seeks an extension of time for filing of a notice of appeal and a memorandum of appeal in respect of a judgment in Kerugoya Environment and Land Court (ELC) No. 174 of 2013 dated 6th July 2018.

2The applicant notified this Court’s Deputy Registrar that the respondent passed away sometime in March 2021 and no application for substitution has been made since then.

3In the circumstances, the hearing of this application cannot proceed and I hereby adjourn the same to a date to be fixed by the registry, in the hope that an application for substitution of the deceased’s respondent shall be made in good time before the intended appeal abates.

DATED AND DELIVERED AT NAIROBI THIS 23RD DAY OF SEPTEMBER, 2021. D. K. MUSINGA, (P)………………….……JUDGE OF APPEALI certify that this is atrue copy of the original.SignedDEPUTY REGISTRAR