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HENRY WAITHAKA GITU & ANOR
V.
SAMUEL NDUNGU GITU & 3 ORS

(2000) JELR 97815 (CA)

Court of Appeal 20 Mar 2000 Kenya
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Case Details

Suit Number:Civil Appeal (Appli) 304 of 1997
Judges:Akilano Molade Akiwumi
Location:Kisumu
Other Citations:Henry Waithaka Gitu & another v. Samuel Ndungu Gitu & 3 others [2000] eKLR

RULING

The present application by the applicants who are the legal representatives of the deceased who was the first defendant in the suit before the superior court and who died after giving evidence but before judgment was given by the superior court, to be joined as respondents in the appeal filed by the respondent herein, must succeed. The application which is brought under Rule 83(2) enables the legal representatives of the deceased which the applicants undoubtedly are, to be made a party in place of the deceased. This Rule is not dependent on Rule 77 which merely provides that a Notice of Appeal shall not be incompetent by reason only that the intended respondent is dead at the time when it was lodged and that it shall be served as soon as practible on his legal representatives, in this case, the applicants. This is what the appellant should now do if he has not yet done so. Indeed, this is what this Court on 18th June, 1999, requested the appellant to do and awarded costs against…

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