WILLIAM KIPKOSGEI SEREM
V.
TABARNO BUSIENEI ALIAS MARTHA JEPKIMO BUSIENEI & ANOTHER

RULING OF THE COURT

[1] This is an application under Rule 99(3) of the Court of Appeal Rules for an order for revival of the abated Civil Appeal No.352 of 2014.

The applicant is the legal representative of Susan Kiprono who died on 17^th September, 2015. The application is opposed by the respondents who are represented by Mr. Kiarie of Kiarie and Company Advocates.

[2] By a judgment delivered on 6^th October, 2014 in High Court, Kitale Civil Suit No.119 of 2012, the High Court cancelled the land title No. Trans Nzoia/Sinyerere/36 registered in the name of Susan Kiprono comprising of 14.2 Hectares and ordered that 11 acres and 10 acres thereof be registered in the names of Tabaino Busienei and Moses Thuku Mwangi, the 1^st and 2^nd respondents herein, respectively.

The said Susan Kiprono against whom judgment was entered filed an appeal in the Court of Appeal Civil Appeal No.352 of 2014. However the appeal abated under Rule 99(2) of the Court of Appeal Rules as no application for substitution w…