RULING OF THE COURT
[1] On 26th October, 2016, this Court issued an order in Civil Appeal No. 17 of 2015, declaring that the appeal had abated under Rule 99(2) of the Court Rules. This was because the respondent to the appeal, Mercia Muliro (hereinafter referred to as deceased), who had been sued as the personal representative of Masinde Muliro, had died in September, 2015 and no application had been made to substitute her within one year of her death.
[2] Subsequently, the applicant Joseph Muchoe Wanyama, who was the appellant in the appeal, filed a motion under Rule 42 and 99(3) of the Court Rules, seeking to have Mukasa Mwambu Muliro substituted in place of Mercia Muliro (deceased). The applicant swore an affidavit in which he deponed that his efforts to get instructions from the legal representative of the estate of Masinde Muliro, had not borne fruit. However, he had subsequently discovered that Mukasa Mwambu Muliro, had been granted letters of administration for the estate of Merc…