REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT KISUMU
(CORAM: GITHINJI, J.A. (IN CHAMBERS)
CIVIL APPEAL (APPLICATION) NO. 316 OF 2006
BETWEEN
ELIZABETH AMAIZA ............................................ APPLICANT/1ST RESPONDENT
AND
JACKSON SABATIA NATSE .............................. 1ST RESPONDENT/ APPELLANT
THE ATTORNEY GENERAL ......................................................... 2ND RESPONDENT
THE PRINCIPAL MAGISTRATE’S KAPSABET ......................... 3RD RESPONDENT
KAPSABET LAND DISPUTES TRIBUNAL ................................ 4TH RESPONDENT
(Application for Mr William Shivachi Miheso the Administrator of the Estate of the applicant to be made a party to the appeal in place of the first respondent Elizabeth Amaiza (deceased) in an appeal from the ruling and or order of the High Court of Kenya at Kakamega (Kariuki, J.) dated 5th day of November, 2004
in
H.C.MISC.C.APP.NO.108 OF 2002)
***************
RULING
This is an application under Rule 96 of the Court of Appeal Rules for an order that William Shivachi Miheso the administrator of the estate of Elizabeth Amaiza (deceased), the 1st respondent in Civil Appeal No.316 of 2006 be made a party in the appeal in place of the deceased.
Although all the respondents were served with the application and hearing notice, none neither filed a replying affidavit nor attended the hearing of the application.
A copy of a certificate of death annexed to the supporting affidavit of the applicant William Shivachi Miheso verifies that “Sabeti Amaiza” died on 7th October, 1979. Further a grant of letters of administration to the estate of the deceased was granted to the applicant on 19th March, 2010. The applicant deposes in paragraph 4 of the supporting affidavit to the effect that “Sabeti Amaiza” and “Elizabeth Amaiza” refer to one and the same person. The present application was filed on 9th April 2010, within the 12 months limitation period stipulated in Rule 96(2) of the Court of Appeal Rules.
In the circumstances I am satisfied that the application, which is not in any case opposed, is competent and I allow it with costs in the appeal.
Orders accordingly.
Dated and delivered at Kisumu this 2nd day of December, 2010.
E.M. GITHINJI
..................................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRR