R U L I N G
The applicant in this notice of motion dated and filed on 13th May 2009, Samuel Thuita Wanjama and Lilian Mweru (now deceased) had a dispute in the superior court commenced by way of Originating Summons dated and filed on 27th August 2003 in which Lilian sought three declarations to be made by that court in respect of property known as L.R. No. 12250/142 situate in Free Area in Nakuru Municipality. After full hearing of that matter but before judgment was delivered, Lilian passed on on 16th March 2006.
The applicant says he was not aware of this until sometimes in the year 2009 when his present advocate was served with an application for substitution of the deceased Lilian. In the meantime, on 13th June 2006, the superior court (Kimaru, J.) delivered judgment in the originating summons. The applicant felt aggrieved by that judgment and instructed his then advocates Mungai Mbugua and Co., to appeal against it. His then advocates, on the applicant’s instructions, filed notic…