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Case Brief · caselaw.co.ke
ELCPartially AllowedNot stated in judgment (substitution application dated 30/1/2026 arising from Kitale CM Cause No. E115 of 2025 for the limited grant)· [2026] KEELC 2170 (KLR)

Lokedingole (Suing as the Personal Representative of the Estate of Lokendingole Lipopur (Deceased)) v Ariongonyang & 2 others; Lwoyeke (As the Personal Representative of the Estate of the Loyeke Ariongonyang alias Samwel Ngolekerus) (Applicant) (Environment and Land Case 98 of 2016) [2026] KEELC 2170 (KLR)

Environment and Land Court
15 April 2026
403 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

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When a party to a Kenyan lawsuit dies before judgment, their estate cannot appeal until a legal representative is formally substituted into the case.

What this practically means

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Executive summary

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This was an application dated 30/1/2026 in an Environment and Land Court matter at Kitale, seeking leave to substitute the deceased 1st defendant with his wife, Cheponyorio Lwoyeke, as legal administrator following a limited grant ad litem issued to her on 19/6/2025 in Kitale CM Cause No. E115 of 2025. The applicant deposed that the 1st defendant died on 15/4/2025, before judgment was delivered on 11/6/2025 in favour of the plaintiff, and that she had obtained a limited grant ad litem so that she could pursue an appeal against that judgment on behalf of the estate. The plaintiff was served and attended court on 10/7/2025 but filed no replying affidavit; the applicant relied on written submissions dated 2/2/2026. The court, per Hon. C.K. Nzili J, noted that substitution of a judgment debtor is governed by Section 37 of the Civil Procedure Act and Order 24 of the Civil Procedure Rules, and that under Order 24 Rule 4 a suit continues through substitution of a deceased party by a holder of letters of administration, the applicant having been nominated under Section 54 of the Law of Succession Act. The court observed that the 1st defendant died before judgment was delivered and the court was not notified, meaning the estate could not file an appeal without substitution. Finding merit in the application, the court allowed it with no order as to costs, in orders dated, signed and delivered on 15/4/2026.

Key legal issues

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01

Substitution of a deceased party by a holder of a limited grant ad litem

Holding

The application is merited; substitution under Section 37 of the Civil Procedure Act and Order 24 of the Civil Procedure Rules was warranted, the applicant holding a limited grant ad litem and being nominated under Section 54 of the Law of Succession Act.

Reasoning

The 1st defendant died on 15/4/2025 before judgment was delivered on 11/6/2025, and the court was not notified. Order 24 Rule 4 permits continuance of proceedings through substitution by a holder of letters of administration. Without substitution the deceased's estate could not file an appeal against the judgment. The plaintiff was served and filed no replying affidavit. The court therefore found merit in the application.

p. 2
02

Effect of the death of the 1st defendant on the right of appeal

Holding

Because the 1st defendant died before judgment, the estate could not appeal unless and until a legal representative was substituted in the suit.

Reasoning

The court noted the defendants had testified and closed their defence on 20/2/2025 with judgment reserved for 11/6/2025. The 1st defendant passed on before judgment was delivered, but the court was not notified. This meant no appeal could be filed on behalf of the estate without substitution, justifying the grant of leave.

p. 2

Legal principles established

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  • A deceased party can only be substituted by a legal representative before the decree is satisfied, enabling an appeal to be pursued
  • A deceased defendant who died before delivery of judgment cannot file an appeal without first being substituted by a legal representative

Court orders

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  1. 1.Leave granted for substitution of the deceased 1st defendant with his wife, Cheponyorio Lwoyeke, as legal administrator
  2. 2.Application allowed with no order as to costs
Jurisdiction invoked
Section 37 of the Civil Procedure Act and Order 24 of the Civil Procedure Rules (substitution of a deceased party); Section 54 of the Law of Succession Act

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, "Lokedingole (Suing as the Personal Representative of the Estate of Lokendingole Lipopur (Deceased)) v Ariongonyang & 2 others; Lwoyeke (As the Personal Representative of the Estate of the Loyeke Ariongonyang alias Samwel Ngolekerus) (Applicant) (Environment and Land Case 98 of 2016) [2026] KEELC 2170 (KLR)", Case Analysis (2026). Not stated in judgment (substitution application dated 30/1/2026 arising from Kitale CM Cause No. E115 of 2025 for the limited grant). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2170/eng@2026-04-15

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