ISSA MASUDI MWABUMBA V. ALICE KAVENYA MUTUNGA [SUED AS THE LEGAL REPRESENTATIVE OF AARON NTHENGE MUTUNGA €“ DECEASED],HASSAN HAMISI SAUTI,ATTORNEY GENERAL,DIANI PROMOTION SERVICES & LOITA DEVELOPMENT LIMITED

RULING

1. ISSA MASUDI MWABUMBA (appellant)filed Civil Appeal No. 287 of 2006 against the ruling and order of the High Court at Mombasa (Sergon, J) dated 1^st September, 2006 in Mombasa Civil Case No. 437 of 2002. The appellant was acting in person and the appeal which abated was filed presumably on or about 29^th November, 2006. The appellant died on 18^th February, 2008, and according to the provisions of Rule 99 (1) (2) of the Court of Appeal Rules, the appeal abated within twelve [12] months from the date of the death of the appellant which was on 19^th February, 2009.

2. On 28^th October, 2011, Hamisi Hassan Mwatsahu (applicant) filed the notice of motion under Rules 4, 5 (2) (b), 44, 47 and 99 (1) (3) of the Court of Appeal Rules. In which he seeks for orders that:

“1. Mombasa Court of Appeal Civil Appeal No. 287 of 2006 be revived upon Hamisi Hassan Mwatsahu being substituted as the legal representative of Issa Masudi Mwabumba now deceased.

2. Soaring holding Limited be joined as the 6^th…