judy.legal
Login Register

MARY WANJIRU NJUGUNA V. HEZEKIAH MATHARA

(2010) JELR 99219 (CA)

Court of Appeal  •  Civil Appeal (Application) 8 of 2007  •  21 May 2010  •  Kenya

Coram
Daniel Kennedy Sultani Aganyanya

Judgement

RULING

The application by notice of motion dated and lodged in this Court on 28th July, 2009 seeks the following orders; namely:-

“1. THAT this Honourable court be pleased to grant leave to the Applicant to amend the record of appeal by substituting the deceased appellant with her legal representative MARY WANJIKU NJUGUNA in accordance with the amended draft of the record of appeal in Civil Appeal No.8 of 2007 annexed to the supporting affidavit of this Notice of Motion.

2. THAT the amended record of appeal in Civil Appeal No. 8 of 2007 in terms of the draft annexed to the supporting affidavit of this application be filed within such time as the court may direct under Rule 44(2) of the rules of this Court.

3. THAT costs of this application do abide the Civil Appeal.

The application was based on the following grounds; to wit:-

“1. The deceased died on the 6th July, 2008 and the personal representative wishes to proceed with the main appeal.

2. It is necessary to substitute the appellant with …

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login