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Court of AppealAllowedCivil Appeal (Application) E319 of 2023

Muchi (Suing in His Capacity as the Administrator Ad Litem of the Estate of Muchi Gichukia - Deceased) v Njoroge & 2 others

Court of Appeal
19 December 2025
DMD. K. Musinga
296 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
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The bottom line

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The Court of Appeal allowed a family to continue a land appeal even though the substitution application came more than a year after the appellant's death.

What this practically means

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Executive summary

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This is a short single-judge ruling of the Court of Appeal at Nairobi by D. K. Musinga, JA, in an interlocutory application within Civil Appeal E319 of 2023. The appeal arises from a judgment of the Environment and Land Court at Nairobi (E. O. Obaga, J.) dated 27th August 2019 in ELC No. 398 of 2011. The appellant, Muchi Gichukia, died on 26th July 2021 while the appeal was pending. His son, Joseph Wainaina Muchi, sued as Administrator Ad Litem of the estate and moved the Court by notice of motion dated 8th March 2024 seeking reinstatement of the appeal and his substitution in place of the deceased appellant. The court observed that although the substitution application was not made within 12 months of the appellant's death, the supporting affidavit demonstrated sufficient cause for the delay, and that the subject matter of the appeal survived the deceased. The application was unopposed by the three respondents. The judge accordingly granted the orders as prayed: the appeal was reinstated and the applicant was substituted for the deceased appellant. No costs order was recorded and no authorities or statutory provisions were cited. The ruling establishes that unopposed substitution applications supported by demonstrated sufficient cause will be granted even where brought outside the 12-month period following a party's death.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the appeal should be reinstated
  2. 2.Whether the deceased appellant, Muchi Gichukia, should be substituted by Joseph Wainaina Muchi, the Administrator Ad Litem of his estate
  3. 3.Whether sufficient cause was shown for the delay in seeking substitution beyond 12 months of the appellant's death

Key legal issues

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01

Substitution of a deceased appellant after the 12-month period

Holding

Delay beyond 12 months in seeking substitution does not bar the application where sufficient cause is demonstrated; the subject matter having survived the deceased, substitution was granted.

Reasoning

The court noted the appellant died on 26th July 2021 and the application was made outside the 12-month window. However, the supporting affidavit demonstrated sufficient cause for the delay. Because the subject matter of the appeal survived the deceased and the application was unopposed, the court granted reinstatement and substitution as prayed.

p. 1

Legal principles established

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  • Where an application for substitution is not opposed and sufficient cause is shown for delay beyond 12 months of death, the Court of Appeal will grant substitution and reinstatement.

Court orders

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  1. 1.Reinstatement of the appeal
  2. 2.Substitution of the deceased appellant, Muchi Gichukia, by Joseph Wainaina Muchi, the Administrator Ad Litem of the deceased's estate
  3. 3.Grant of the orders as prayed in the notice of motion dated 8th March 2024

The bench

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One judgment of the whole court — no separate or dissenting opinions.

DM
majority

Wrote the judgment

On appeal from
Environment and Land Court of Kenya at Nairobi
ELC No. 398 of 2011
Jurisdiction invoked
Inherent/appellate jurisdiction of the Court of Appeal over Civil Appeal E319 of 2023 (no specific provision cited)

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

Although the application for substitution was not made within 12 months of the death of the appellant, the applicant’s affidavit in support of the application has demonstrated sufficient cause for the delay.
p. 1sufficient cause for delay in substitution
As the application is not opposed, I hereby grant the orders as prayed.
p. 2final orders - reinstatement and substitution granted

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, "Muchi (Suing in His Capacity as the Administrator Ad Litem of the Estate of Muchi Gichukia - Deceased) v Njoroge & 2 others", Case Analysis (2025). Civil Appeal (Application) E319 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/2255/eng@2025-12-19

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