Automated Summary
Deceased Name
Mohan Galot
Key Facts
The case involves the substitution of Mohan Galot (deceased) in consolidated civil applications E183 and E185 of 2024. Mohan died on 8 June 2025, and the High Court granted letters of administration ad litem on 5 July 2025, later amended on 11 December 2025. The application for substitution was filed by Rajesh Galot and opposed by Avin Galot, who claimed legal authority to represent Mohan. The Court of Appeal allowed the substitution with costs in the appeal.
Issues
- Whether the order from the superior court was authentic and properly issued.
- Whether the applicant had the right to apply for substitution under rule 102(1) of the Court of Appeal Rules.
Date of Death
2025 June 08
Holdings
The court allowed the application for substitution of Mohan Galot with Avin Galot as the legal representative of the Estate of Mohan Galot, with costs in the appeal.
Remedies
The application for substitution of Mohan Galot with his legal representative, Avin Galot, is allowed with costs in the appeal.
Will Type
Intestacy
Probate Status
Letters of administration ad litem granted by the High Court on 5th July 2025 and amended on 11th December 2025.
Legal Principles
The court applied rule 102(1) of the Court of Appeal Rules, which permits any interested person to apply for the substitution of a deceased party with their legal representative in proceedings. The ruling clarified that such applications are not limited to the legal representative themselves and emphasized the procedural right to seek substitution when a party has died.
Precedent Name
Ngari vs. Muriithi (deceased) substituted by Wanjira Ngari & Another
Executor Name
Avin Galot
Cited Statute
Court of Appeal Rules
Executor Appointment
Appointed by court as administrator of Mohan Galot's estate
Judge Name
L.M. Ndoalo
Beneficiary Classes
Other
Passage Text
- In the result, the application for substitution of Mohan Galot with the legal representative of the Estate of Mohan Galot being, Avin Galot is allowed with costs in the appeal.
- A reading of rule 102(1) of the Rules of this Court indicates that an application for substitution can be made by any person who has an interest in the subject proceedings. The applicant in the consolidated application has a direct interest in the proceedings and there can be no legal basis to disallow the application because the Court was moved by a party other than the legal representative of the deceased.