RULING
Before me is an application brought under Rule 4 and 51(4) of the Court of Appeal Rules (the Rules). Billey Olouch Okun Orinda, the applicant, seeks inter alia an order reviving the application dated 26th March, 2012 which has since abated.
Samson Okun Orinda (deceased), who is the applicant's father, instituted a suit in the High Court seeking specific performance of a sale agreement dated 20th November, 1990 between himself and the respondents. The trial court vide its judgment dated 30th October, 2009 declined to issue an order of specific performance and instead ordered the respondents to refund the deceased the amount he had paid pursuant to the transaction. Aggrieved with the said decision, the deceased filed an application dated 26th March, 2010 seeking leave of this Court to file the intended appeal out of time. However, before the application could be prosecuted the deceased died on 6th July, 2010.
Subsequently, the applicant applied for letters of administration over the…