Civil Appeal E484 of 2021

Case Metadata
Case Number:	Civil Appeal E484 of 2021
Parties:	Kakundi v Kamu (Suing as the Legal Representative of the Estate of the Late Martha Mbane) & another
Date Delivered:	23 Sep 2022
Case Class:
Court:	Court of Appeal at Nairobi
Case Action:	Ruling
Judge(s):	Paul Mwaniki Gachoka
Citation:	Kakundi v Kamu (Suing as the Legal Representative of the Estate of the Late Martha Mbane) & another (Civil Appeal E484 of 2021) [2022] KECA 1050 (KLR) (23 September 2022) (Ruling)
Court Division:	Civil
County:	Nairobi
Disclaimer:	The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

Case Metadata

Case Number:

Parties:

Kakundi v Kamu (Suing as the Legal Representative of the Estate of the Late Martha Mbane) & another

Date Delivered:

23 Sep 2022

Case Class:

Court:

Court of Appeal at Nairobi

Case Action:

Ruling

Judge(s):

Paul Mwaniki Gachoka

Citation:

Kakundi v Kamu (Suing as the Legal Representative of the Estate of the Late Martha Mbane) & another (Civil Appeal E484 of 2021) [2022] KECA 1050 (KLR) (23 September 2022) (Ruling)

Court Division:

Civil

County:

Nairobi

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

Kakundi v Kamu (Suing as the Legal Representative of the Estate of the Late Martha Mbane) & another (Civil Appeal E484 of 2021) [2022] KECA 1050 (KLR) (23 September 2022) (Ruling)

Neutral citation: [2022] KECA 1050 (KLR)

Republic of Kenya

In the Court of Appeal at Nairobi

Civil Appeal E484 of 2021

MP Gachoka, JA

September 23, 2022

Between

Harrison Musyimi Kakundi

Appellant

and

Simon Muthaka Kamu (Suing as the Legal Representative of the Estate of the Late Martha Mbane)

1^st Defendant

Jeremiah Nzomo Masai

2^nd Defendant

(Being an appeal from the Judgment of the Environment and Land Court of Kenya at Makueni (Mbogo C.G, J.) delivered on the 29th day of June 2021 in Environment and Land Court Case No. 08 of 2019 Environment & Land Case 08 of 2019 )

Ruling

1.The Applicant has approached this court by way of a Notice of Motion dated August 1, 2022 under Article 259 (2) of the Constitution. Rule 31, 69 and 99 of the Court of Appeal Rules, Section 3, 3A and 38 of the Appellants Jurisdiction Act, Order 1 Rules 1, 3 and 10 and Order 51 Rule 1, Section 1A and 1B and 31 of the Civil Procedure Act seeking the following orders: -‘‘(i)……………………...ii.That, Aaron Kyengo Kamu be substituted in place of Simon Muthuka Kamu (now deceased) being the legal administrator of the estate of the late Martha Mbane.iii.”

2.On September 16, 2022, the Parties files a consent in the following terms: -"..We the undersigned Advocates for the parties, would be obliged if you could kindly record the following order by consent of the parties:-By consent of the parties herein, parties have agreed on settlement and division of matrimonial property in the following terms;i.That leave be granted to the firm of Kivuitu Maundu & Co. Advocates to act for and on behalf of the Respondent herein in place of Mwangangi & Associates Advocates.ii.That the Honorable Court be pleased to substitute the Respondent Simon Muthuka Kamu (now Deceased) with Aaron Kyengo Kamu.iii.That the application dated 11^th April 2022 be hereby marked as fully settled on the above terms.”Noting that the parties have signed and filled the written consent, the court hereby adopt the said consent. Accordingly, an Order is hereby issued as follows;-i.That leave be granted to the firm of Kivuitu Maundu & Co. Advocates to act for and on behalf of the Respondent herein in place of Mwangangi & Associates Advocates.ii.That the Honourable Court be pleased to substitute the Respondent Simon Muthuka Kamu (now Deceased) with Aaron Kyengo Kamu.iii.That the application dated 11^th April 2022 be hereby marked as fully settled on the above terms.’’

DATED AT NAIROBI THIS 23^RD DAY OF SEPTEMBER, 2022.I certify that this is a true copy of the originalSignedM. GACHOKA, CIArb, FCIArb............................JUDGE OF APPEALDEPUTY REGISTRAR

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Civil Appeal E484 of 2021

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