RULING OF THE COURT
1. Alphonce Ngungi Wambua (the applicant) in his application dated 24th June 2022 seeks the following orders:
(a) stay of execution of the order and decree issued on 20th May 2020 in Makueni ELC Case No. 34 of 2017 consolidated with Makueni ELC Case No. 22 of 2018;
(b) leave to file the intended appeal out of time;
(c) the annexed memorandum of appeal be deemed duly filed and served upon payment of the requisite court fees; and
(d) costs of the application be in the cause.
2. The application is founded on a raft of provisions of the Court of Appeal Rules, 2010 (repealed), namely, Rule 4 (extension of time), Rule 5 (2) (b) (stay of execution), Rule 31 (general powers of the Court), Rule 78 (death of respondent before service of notice) and Rule 85 (death of party to intended appeal).
3. Briefly, the core ground cited in support of the application is that the 1st respondent died on 9th May, 2020 before delivery of the impugned judgment. Because substituti…