MAINA JOHANA MIANO
V.
LEAH WANYARA GICHOHI & ANOTHER

JUDGMENT OF THE COURT

This is an appeal emanating from a ruling of Waithaka, J. dated 1^st March 2016. A brief background to this appeal is that Peterson Gichohi Hiuhu (hereinafter the deceased) filed Kerugoya District Court Civil Appeal No. 2 of 1972 against the decision of Kerugoya DM III in Succession Cause No. 29 of 1970 that had ordered that the suit land Mwerua/Mukure/235 be registered in the name of Maina Johana Miano alias Joseph Maina Miano the appellant herein. The deceased was unsuccessful and he lodged Nyeri HCCA No. 8 of 1973 which remained unprosecuted until the demise of the deceased on 23^rd September, 1998. On 21^st July, 2009, Makhandia, J (as he then was) marked the appeal as having abated. It is this abatement that led to the filing of the Notice of Motion dated 27^th March, 2014 by Leah Gichohi and Leah Wambui Gichohi, the 1^st and 2^nd respondents herein. In the main, the respondents sought the following orders that:

“(2) The Honourable court be pleased to substitute the…