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Phillip Muchiri Mugo v. Mbeu Kithakwa

(2019) JELR 93996 (CA)

Court of Appeal  •  Application121 of 2010  •  8 Nov 2019  •  Kenya

Martha Karambu Koome, Wanjiru Karanja, James Otieno Odek



1. This is an application for review of the judgment of this Court delivered on 30th June 2014. The application is dated 11th February, 2015 and was filed on 13th February, 2015. The suit property in dispute between the parties as per the impugned judgment of this Court is Inoi/Kerugoya/769.

2. In a judgment dated 30th June, 2014, this Court arrived at the following determination and made orders as follows:

“15. It is apparent that more than 12 months had lapsed since the death of the plaintiff on 18th May, 2006, to the date when the High Court issued its orders on 17th October, 2008. By virtue of operation of law, the suit filed by the plaintiff as Nyeri HCCC No. 111 of 1990 had abated. Order 24 rule 3 (2) provides that:

“where within one year no application is made to substitute a deceased plaintiff by a legal representative, the suit shall abate as far as the deceased plaintiff is concerned...and on the application of the defendant, the court may award to him the co…

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