R U L I N G
1. The application before me is dated 1st July 2024. The application is brought pursuant to Rule 102 of the Court of Appeal Rules.
2. The applicant prays for orders that:
“a) The appeal herein which has abated be revived.
b) the respondent herein be substituted in place of the deceased respondent in the appeal herein.
c) The costs of this application be in the appeal.”
3. The application is premised on the grounds that:
“a) The respondent herein died on 1st April 2021.
b) Efforts to have the advocates on record for the deceased respondent substitute the respondent to enable the applicant to prosecute the appeal have failed.
c) The information about the death of the respondent in the appeal and the appointment of the administrator of the said deceased’s estate has only come to the knowledge of the applicant early this year.
d) The applicant is desirous of prosecuting the appeal herein as evidenced by its compliance with the directions on filing submissions and court attendance when…