ORDER OF THE COURT
Both Counsel agree that this appeal was instituted in the name of Joe Louis Martin, who at the time the appeal was instituted, was dead. Rule 83(1) states that an appeal shall not be instituted in the name of a person who is dead but may be instituted in the name of his legal representative.
Under these circumstances, the appeal is incompetent and it is struck out. The respondent will have costs of the appeal.
Made at Kisumu this 23rd day of March, 2004.
P. K. TUNOI
JUDGE OF APPEAL
E. O. O’KUBASU
JUDGE OF APPEAL
J. W. ONYANGO OTIENO
AG. JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR