HUSAMUDDIN GULAMHUSSEIN POTHIWALLA ADMINISTRATOR, TRUSTEE AND EXECUTOR OF THE ESTATE OF GULAMHUSSEIN EBRAHIMJI POTHIWALLA V. KIDOGO BASI HOUSING CORPORATIVE SOCIETY LIMITED & 31 OTHERS

R U L I N G

The application that was argued before me was taken out by the appellant in the main appeal and it seeks two substantive orders; that is to say:

“1. THAT Hussein Husamudin Pothiwalla and Khuzeima Husamudin Pothwalla be granted leave to be substituted as the Applicants in place of the deceased Husamuddin Gulamhussein Pothiwalla in this Suit.

2. THAT this Honourable Court be pleased to extend the time within which this Application ought to have been filed”.

The Provisions of the law upon which the application is based are however carelessly invoked or not invoked at all and that formed one of the two prongs of the objection raised by learned counsel for the respondents Mr. Jiwaji. The rules cited as the basis for seeking the first prayer are rules 51(2) and 83(1) and (2) but it was readily conceded by Ms Kilonzo for the applicant that they are not relevant. They relate, respectively, to substitution of deceased parties in applications and in intended appeals. It is common ground…