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)
The bottom line
#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
#Executive summary
#Key legal issues
#Substitution of a deceased party by a holder of a limited grant ad litem
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.
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.
Effect of the death of the 1st defendant on the right of appeal
Because the 1st defendant died before judgment, the estate could not appeal unless and until a legal representative was substituted in the suit.
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.
Legal principles established
#- 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
#- 1.Leave granted for substitution of the deceased 1st defendant with his wife, Cheponyorio Lwoyeke, as legal administrator
- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.