KEZIA WAMBUI MWAURA & ANOR
V.
CLEMENT J M KARIUKI & 4 ORS

RULING

By way of motion on notice dated the 9^th November 2015 and brought under rules 42 (1) and 99 of this Court’s rules, the applicant, Grace Wanjiku Karanja seeks orders that:

This Court be pleased to order that the appellants herein be substituted with their personal representative one Grace Wanjiku Karanja; and

This Court be pleased to order that this abated Appeal be revived.

The application is supported by the applicant’s affidavit in which she depones that the 1^st appellant passed away on the 5^th July 2013 while the 2^nd appellant passed away on the 5^th May 2014. The applicant obtained grants of representation in respect of the 1^st and 2^nd appellants on the 30^th September 2015 and the 27^th July 2015 respectively. She further avers that by the time she became aware of the pendency of the appeal, and that in the time that it took her to obtain the grants of representation, the appeal had abated. She depones that the delay in bringing this application to regularize the appeal was no…