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Court of AppealDismissedNot stated in the judgment· [2001] KECA 166 (KLR)

Peter Macharia v The Attorney General) Kipsinende Farm Limited )

Court of Appeal of Kenya
25 September 2001
MKM. Ole Keiwua
139 words in judgment
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The bottom line

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Kenya's Court of Appeal refused to let an applicant replace a deceased appellant because her administration grants named different people than the appeal.

What this practically means

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Executive summary

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This is a short ruling of the Court of Appeal at Nakuru, delivered by M. Ole Keiwua, JA, on September 25, 2001, determining an application dated February 19, 2001 in which the applicant sought to be substituted in place of a deceased appellant in a pending appeal. The ruling followed an earlier interlocutory ruling in which the judge had dealt with an informal application by the applicant to file a supplementary affidavit. In that earlier ruling the court had drawn attention to the applicant's concession that both the grant of letters of administration and the limited grant underpinning the substitution carried an additional name that did not appear in the appeal. The court held that it was untenable for the applicant to rely on documents made in names completely different from the names in the appeal she sought to be allowed to take over. On that basis the court declined to grant the orders sought in the application and awarded the costs of the application to the respondent. The judgment does not name the parties, state the appeal number, cite any authorities or statutory provisions, or record the fate of the underlying appeal; it disposes only of this application. The binding takeaway for practitioners is that substitution applications must be supported by grants of administration whose names correspond to the parties in the appeal.

Key legal issues

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Whether substitution of an applicant for a deceased appellant may be granted on grants of administration bearing names inconsistent with the appeal

Holding

The application was declined because the grants relied upon contained an additional name not appearing in the appeal, making the substitution untenable.

Reasoning

The court noted the applicant's own concession that both the grant of letters of administration and the limited grant carried an additional name absent from the appeal. Relying on documents made in names completely different from those in the appeal the applicant wished to take over was held untenable, so the orders sought in the application dated February 19, 2001 were refused with costs to the respondent.

p. 1

Legal principles established

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  • An applicant seeking substitution in an appeal cannot rely on grants of administration made in names different from the names appearing in the appeal she seeks to take over.

Court orders

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  1. 1.The application dated February 19, 2001 is declined
  2. 2.The respondent to have the costs of the application
Jurisdiction invoked
Not stated in the judgment

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Peter Macharia v The Attorney General) Kipsinende Farm Limited )", Case Analysis (2001). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2001/166/eng@2001-09-25

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.