RULING
The Counsel for 7th defendant/applicant has filed this application to set aside the order of the court granted on 27th of March, 2025 for the substitution of Abdul Kader Kalmoni in the place of Subhi Kalmoni (deceased). Subsequently on 23/06/2025 she has filed an application to strike out Subhi Kalmoni from the suit.
In sum, the gravamen of this instant application is that a writ of summons wasissued on the 14th of March, 2023 against three (3) Defendants. On the 22nd February, 2024 this court ordered the joinder of the 4th to 27th Defendants of which Subhi Kalmoni was the 7th Defendant. Prior to the joinder granted on 22nd February, 2024 as per Exhibit ‘JAT2’ the 7th Defendant had passed away on 8th February, 2024. Thereafter, an amended writ was issued dated 4th March, 2024 to include the deceased as 7th Defendant. Suffice to state that at the time the writ was issued the 7th defendant Subhi Kalmoni (deceased) had already died per Exhibit“JA2”. It is an undisputed fact that the…