Civil Appeal (Application) 338 of 2019

Case Metadata
Case Number:	Civil Appeal (Application) 338 of 2019
Parties:	Mose & another v Co-operative Bank of Kenya
Date Delivered:	07 Nov 2022
Case Class:
Court:	Court of Appeal at Nairobi
Case Action:	Ruling
Judge(s):	Luka Kiprotich Kimaru
Citation:	Mose & another v Co-operative Bank of Kenya (Civil Appeal (Application) 338 of 2019) [2022] KECA 1257 (KLR) (7 November 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:

Mose & another v Co-operative Bank of Kenya

Date Delivered:

07 Nov 2022

Case Class:

Court:

Court of Appeal at Nairobi

Case Action:

Ruling

Judge(s):

Luka Kiprotich Kimaru

Citation:

Mose & another v Co-operative Bank of Kenya (Civil Appeal (Application) 338 of 2019) [2022] KECA 1257 (KLR) (7 November 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

Mose & another v Co-operative Bank of Kenya (Civil Appeal (Application) 338 of 2019) [2022] KECA 1257 (KLR) (7 November 2022) (Ruling)

Neutral citation: [2022] KECA 1257 (KLR)

Republic of Kenya

In the Court of Appeal at Nairobi

Civil Appeal (Application) 338 of 2019

LK Kimaru, JA

November 7, 2022

Between

Mary Kemuma Mose

1^st Applicant

Esther Shanice Omwenga

2^nd Applicant

and

Co-operative Bank of Kenya

Respondent

(An appeal against the judgment and decree of the High Court of Kenya (Nzioka wa Makau, J.) dated 10th February, 2015 in Nairobi ELC Cause No. 449 of 2013 Cause 449 of 2013 )

Ruling

1.Onesmus Omwenga Maroko, (the deceased), the respondent in the appeal, died on 6^th August, 2021. Mary Kemuma Mose and Esther Shanice Omwenga (respectively, widow and daughter of the deceased), the applicants, obtained limited grant of Letters of Administration Ad Litem on 26^th January, 2022 for the purpose of substituting the respondent in this appeal. The limited grant was issued by the High Court in Nairobi Succession Cause No. E2536 of 2022. The advocate for the applicants predicated the application for substitution on the Civil Procedure Rules instead of the Rules of this Court.

2.Be as it may, the application was lodged before this Court on 12^th October, 2022 after the appeal had abated since no application to substitute the deceased was made within twelve (12) months from the date of the deceased’s death as provided under Rule 102(1) of the Court of Appeal Rules, 2022. It provides thus:“If no application is made under sub-rule (1) within twelve months from the date of the death of the appellant or the respondent, the appeal shall abate.”

3.In the premises therefore, the application is without merit and is hereby dismissed but with no orders as to costs since the appellant did not file a response to the application. However, the applicants are not without a remedy. They are at liberty to file an appropriate application for revival of the appeal under Rule 102(3) of the Court of Appeal Rules, 2022.

4.It is so ordered.

DATED AND DELIVERED AT NAIROBI THIS 7^TH DAY OF NOVEMBER, 2022.L. KIMARU.................................JUDGE OF APPEALI certify that this is a True copy of the originalSignedDEPUTY REGISTRAR

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Civil Appeal (Application) 338 of 2019

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