SULTAN HASHAM LALJI & 2 ORS
V.
AHMED HASHAM LALJI & 4 ORS

RULING OF THE COURT

This appealis from the ruling of Hon. Justice E. O. O’kubasu J. A. dated 21^st July, 2000 in Nairobi HCCC No. 189 of 1998. The same was scheduled for hearing on 18^th February, 2012but on 2^nd February 2012, learned counsel for the 3^rd respondent Mr. Esmail filed a Notice of Preliminary Objection which he duly served on learned counsel for the appellant Mr. Katwa. When the matter therefore came up for hearing before us on 8^th February, Mr. Esmail raised his Preliminary Objection, saying that this entire appeal had abated. On this point he was supported by Mr. Omuga and Mr. Lutta learned counsel for the 1^st, 2^nd, 4^th and 5^th respondents. According to Mr. Esmail, since the 3^rdappellant was deceased, the entire Appeal had abated. He cited Rule 96 of the repealed Court of Appeal Rules which was the relevant Rule applicable at the time the suit is supposed to have abated. That Rule provided that once a party died, any interested party would file for substitution of the dead…