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ELCAllowedNotice of motion dated 14/10/2025

Joel alias Eunice Ncece Ndubai v Baariu & 3 others (Environment and Land Appeal E064 of 2024) [2025] KEELC 8442 (KLR)

High Court of Kenya (sitting as first-instance/appellate court - not stated)
2 December 2025
BEB M Eboso
95 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

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The High Court in Meru allowed an unopposed application to replace a deceased party with a relative so an appeal can continue.

What this practically means

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Executive summary

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This is a short ex tempore ruling delivered at Meru by B M Eboso, J, on 2 December 2025, determining an unopposed notice of motion dated 14 October 2025. The applicant, the estate of the late Eunice Joel, sought an order substituting Jusune Karimi in place of the deceased, presumably as a party to an appeal, since the court directed that the memorandum of appeal be amended. The judgment records that the application was not opposed by the respondents, who were represented by Ms Mugo, while Ms Nyamu appeared for the applicant/appellant. In the absence of any objection, the court allowed the application in terms of prayer 2, thereby effecting the substitution, and further ordered that the memorandum of appeal be amended within ten days. No costs order was made and no authorities or statutory provisions were cited. The ruling is interlocutory in nature and does not determine the substantive dispute; it is significant only for the substitution effected. The name of the substituted party, Jusune Karimi, is recorded, but the parties' full details, the appeal number and the underlying suit are not identified in the short ruling.

Questions the Court framed

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

  1. 1.Whether the deceased Eunice Joel should be substituted with Jusune Karimi

Key legal issues

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01

Substitution of a deceased party on appeal

Holding

Substitution allowed as prayed, unopposed

Reasoning

The court noted the application for substitution of the deceased with the proposed party was not opposed and granted it in terms of prayer 2, with leave to amend the memorandum of appeal within ten days.

p. 1

Legal principles established

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  • An unopposed substitution application may be granted in the absence of any objection

Court orders

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  1. 1.Substitution granted in terms of prayer 2
  2. 2.Memorandum of appeal to be amended within 10 days

The bench

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

BE
majority

Wrote the judgment

Jurisdiction invoked
Not stated in the judgment

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.

In the absence of any objection, the plea for substitution is granted in terms of prayer 2. The memorandum of appeal shall be amended within 10 days.
p. 1Final orders - substitution and amendment

Issues in the judgment

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minor

The judgment does not identify the case file number of the appeal in which the substitution is sought, and the date of the underlying judgment is absent

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, "Joel alias Eunice Ncece Ndubai v Baariu & 3 others (Environment and Land Appeal E064 of 2024) [2025] KEELC 8442 (KLR)", Case Analysis (2025). Notice of motion dated 14/10/2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8442/eng@2025-12-02

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