Stephen Gathuku Kinyanjui v Julia Wanjiru Gatihuri & 2 others
The bottom line
#The Court of Appeal refused to decide a substitution request because the applicant ignored directions to serve papers, giving him another chance to comply.
What this practically means
#Executive summary
#Key legal issues
#Whether the substitution application could proceed where the applicant had failed to comply with the Court's directions on service and filing of an affidavit of service
The Court declined to determine the substitution application on the merits and instead directed that the matter be relisted on a priority basis with a fresh hearing notice, requiring the applicant to effect service and file an affidavit of service.
The application under Rules 44(1) & 2, 45(a), 49(1) and 87(1) sought substitution of the deceased respondent. A hearing notice served on 28th April 2025 directed the applicant to serve the respondents and file an affidavit of service. On perusal of the record the Single Judge found the applicant had not complied, and rather than dismissing the motion, directed relisting and fresh service, preserving the applicant's opportunity to prosecute the substitution application.
Legal principles established
#- An applicant seeking substitution of a deceased respondent must comply with the Court's directions on service and filing of an affidavit of service before the application can be determined; a party in person is not exempt from such procedural directions.
Court orders
#- 1.The registry is directed to relist the matter on a priority basis
- 2.The registry to issue and serve the applicant with a fresh hearing notice
- 3.The applicant to effect service of the hearing notice on the respondents and file an affidavit of service
- Jurisdiction invoked
- Rule 44(1) & 2, Rule 45(a), Rule 49(1) and Rule 87(1) of the Court of Appeal Rules, 2022 (Single Judge jurisdiction)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Stephen Gathuku Kinyanjui v Julia Wanjiru Gatihuri & 2 others", Case Analysis (2025). Civil Appeal (Application) 101 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/967/eng@2025-05-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.