JUDGMENT OF THE COURT
By a Ruling dated 28th February, 2009, the High Court (Makhandia J as he then was), stated that there must be an end to litigation. The background facts are that on 22nd August, 1990, one Mugo Kathakwa (deceased) commenced suit against the respondent herein Mbeu Kithakwa, his step brother. Mugo Kathakwa sought eviction of the respondent from the suit property namely Inoi/Kerugoya/769. The body of the deceased plaintiff is still lying at the mortuary awaiting determination of the dispute involving the suit property.
The original plaintiff, Mugo Kathakwa died on 18th May, 2006. On 17th October, 2008, an ex parte order was made by the High Court wherein the suit property was transferred to the respondent. The appellant, who now has a limited grant of letters of administration, alleges that the order made on 17th October, 2008, was made after the death of the original plaintiff and before substitution had been done to enable a personal representative to represent the e…