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Mungai Njoroge & Ng'ang'a Wainaina v. Kiarie Njoroge & Mungai Muhindi

(2019) JELR 98830 (CA)

Court of Appeal  •  Civil Appeal (Application) 119 of 2013  •  6 Aug 2019  •  Kenya

Coram
Agnes Kalekye Murgor

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

CORAM: MURGOR, J.A.

CIVIL APPEAL (APPLICATION) NO. 119 OF 2013

BETWEEN

1. MUNGAI NJOROGE............1ST APPLICANT

2. NG’ANG’A WAINAINA.......2ND APPLICANT

AND

1. KIARIE NJOROGE............1ST RESPONDENT

2. MUNGAI MUHINDI..........2ND RESPONDENT

(Being an application for substitution of the deceased appellant with the legal representative of his Estate and an application for leave to amend the memorandum of appeal in Civil Case No 92 of 1991)

********************

RULING

The applicant, Ng’ang’a Mungai Muhindi has filed this Notice of Motion dated 14th December 2018 seeking leave to substitute the appellant, Mungai Njoroge (deceased), and to amend the Memorandum of Appeal in Civil Appeal No 119 of 2013. The application is made on the grounds that as personal representative of the Estate of Mungai Njoroge (Deceased) he was issued with Letters of Administration on 9th November 2018 in Succession Cause No. 54 of 2018; that the cause of action survived the deceased appel…

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