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JOSEPH NJOGU NGOYA
V.
LUCY NJERI NJOGU

(2016) JELR 100598 (CA)

Court of Appeal 4 Nov 2016 Kenya
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Case Details

Suit Number:Civil Application Nai 90 of 2013
Judges:James Otieno Odek
Location:Nairobi
Other Citations:Joseph Njogu Ngoya v. Lucy Njeri Njogu [2016] eKLR

RULING

1. This is an application for substitution of a deceased party after abatement of appeal. The deceased, Lucy Njeri Njogu, was plaintiff by way of Originating Summons in HCCC No. 12 of 2006. She died on 15th November 2014 as respondent in Civil Appeal No. 90 of 2010 lodged before this Court. Upon her death, Civil Appeal No. 90 of 2010 abated on 15th November 2015 for lack of substitution. The deceased was the estranged wife to the applicant.

2. By an Amended Notice of Motion dated 31st August 2016 made pursuant to Rules 4, 16, 99 (1) and (3) of the Court of Appeal Rules and Sections 3A and 3B of the Appellate Jurisdiction Act, the applicant Joseph Njogu Njoya has applied to substitute the deceased with the names of David Ngoya Njogu and Paul Kimani Njogu as respondents. A further prayer is for this Court to grant orders extending time to apply for substitution of the deceased party and that this Court should grant orders that the abated appeal be revived.

3. The Amended Notice of M…

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