Nyamache v Ombui & another (Civil Appeal (Application) E267 of 2022) [2025] KECA 1684 (KLR) (21 October 2025) (Ruling)
Neutral citation:
[2025] KECA 1684 (KLR)
Republic of Kenya
Civil Appeal (Application) E267 of 2022
LK Kimaru, JA
October 21, 2025
Between
Nyakangi Nyamache
Applicant
and
Wilfred Moriasi Ombui
1st Respondent
Joseph Bitoyo Nyakangi
2nd Respondent
(Being an application for substitution of the deceased appellant from the Judgment of the Environment and Land Court of Kenya at Nyamira (Mugo, J) Dated 20th July, 2022 in ELC No. 104 of 2021
Environment & Land Case 104 of 2021
)
Ruling
1.Rule 102 of the Court of Appeal Rules provides thus:
2.In the present application, Joseph Bitoyo Nyakangi, the applicant states that Nyakangi Nyamecha, (deceased) the appellant herein died on 26th January, 2024. The applicant obtained a grant of letters of administration ad litem on 24th August, 2024 which granted him permission to take over the prosecution of the appeal on behalf of the estate of the deceased applicant. He filed the present application on 7th November, 2024, seeking to be allowed to substitute the deceased as the appellant in this appeal. This was within the stipulated period of twelve (12) months under Rule 102(2) of the Court of Appeal Rules.
3.The respondent did not file any response to the application. The application is therefore unopposed.
4.The applicant is allowed to substitute the deceased as the appellant in this appeal. There shall be no orders as to costs.
DATED AND DELIVERED AT KISUMU THIS 21ST DAY OF OCTOBER,2025.L. KIMARU.............................JUDGE OF APPEALI certify that this is a true copy of original.SignedDEPUTY REGISTRAR.