RULING
The appellant’s further Amended Notice of Motion dated 31st July 2015 seeks two orders: that these two appeals, which have abated as against Emmanuel Otiangala t/a Kuronya Auctioneers, (the deceased) the 2nd respondent, be revived and that ALICE ANINDO AYUKU, the widow and legal representative of the deceased (the widow) be substituted for the deceased in this appeal.
In his affidavit in support of the application and submissions before me, the appellant stated that as the deceased hailed from Kakamega where he was also buried while he lives in Busia, he learnt of the deceased’s death late and initially thought it was a rumour intended to defeat his appeal against the deceased. When he later enquired from the deceased’s widow if indeed the deceased had died, she was un-co-operative. He, however, managed to confirm that the deceased had indeed died and filed this application. His original application was defective but he got leave of the court and amended and further amended it. T…