Sidhu & another (Executors of the Estate of Raghbir Singh Sidhu) v Tenai & 6 others (Civil Application 106 of 2019) [2022] KECA 1218 (KLR) (4 November 2022) (Ruling)

Sidhu & another (Executors of the Estate of Raghbir Singh Sidhu) v Tenai & 6 others (Civil Application 106 of 2019) [2022] KECA 1218 (KLR) (4 November 2022) (Ruling)

1.The notice of motion dated June 10, 2022 is for allowing. It seeks that Davinder Kaur Sidhu (Davinder) and Sanjeev Patel (Sanjeev) be made party to this appeal in place of the 1st respondent, Raghbir Singh Sidhu (Raghbir).
2.Raghbir died on April 3, 2021 at 7 Waratah Mews, Hillarys, Western Australia. He was 75 years at the date of his death. Davinder and Sanjeev are personal representatives of his estate, grant of probate of will having issued to them on November 3, 2021 in Eldoret Succession Cause No. 23 of 2021. All these information is in the joint affidavit of Davinder and Sanjeev sworn on June 12, 2022 and is not controverted as no response to the application was filed.
3.The application for substitution is brought within a year of the death of Raghbir and the appeal has not abated (Rule 99 of our Rules (now Rule 102)) and is therefore merited. I allow the notice of motion dated June 10, 2022, no order on costs.
DATED AND DELIVERED AT KISUMU THIS 4TH DAY OF NOVEMBER, 2022.F. TUIYOTT......................................JUDGE OF APPEALI certify that this is atrue copy of the original.SIGNED DEPUTY REGISTRAR.
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Date Case Court Judges Outcome Appeal outcome
4 November 2022 Sidhu & another (Executors of the Estate of Raghbir Singh Sidhu) v Tenai & 6 others (Civil Application 106 of 2019) [2022] KECA 1218 (KLR) (4 November 2022) (Ruling) This judgment Court of Appeal F Tuiyott  
21 December 2019 ↳ ELC 200 of 2015 Environment and Land Court A Ombwayo Allowed
21 December 2018 Raghbir Singh Sidhu v Kipkemboi Arap Koskei & 5 others [2018] KEELC 290 (KLR) Environment and Land Court A Ombwayo