R U L I N G
By his motion on notice dated 25th September 2013, the applicant through F. M. Mulwa Advocate is asking this Court to extend time within which to file and serve an application to substitute the deceased 2nd respondent one Mwangangi Nthanga Nguyo.
The application is supported by the affidavit of Charles Mbwika Musee sworn on 26th September, 2013. According to Charles Mbwika (the appellant in Civil Appeal No. 192 of 2004) he only learnt of the deceased’s death in the early months of 2013. To date, he has not been able to ascertain who the legal representative of the 2nd respondent’s estate is but he is certain he can get that important information if given more time by the court.
He deposes that his intended appeal is meritorious and unless he is granted the extension he seeks, he will suffer grave prejudice. The reason he has given for the delay is that he was not aware of the death of the 2nd respondent until 2013. He maintains that the respondent will not be prejudiced. He e…