R U L I N G
The plaint in this appeal was filed at the High Court in Nyeri in 1974. The original 2nd plaintiff was David Njuguna Nyoro and the original defendant was George Muthanji Wangige. Both the original 2nd plaintiff and defendant are deceased.
The respondent in the present application, Mary Wambui Njuguna, by a Notice of Motion dated 28th February, 2011, moved the High Court to substitute herself for the deceased 2nd plaintiff and for orders that the applicant herein, Joseph Gachuhi Muthanji, do substitute the deceased defendant George Muthanji Wangige. By a ruling dated 16th December, 2013, the High Court (Sergon, J.) granted the orders to substitute the original deceased 2nd plaintiff and defendant. The applicant herein is aggrieved by the decision of the High Court to order substitution of the deceased parties. His argument is that the plaint filed in 1974 has abated against both the original plaintiff and defendant who were not substituted within one year from the date of the…