JAPHETH ISINGA V. BELISI KAGONYA ASENA (SUING AS THE ADMINISTRATOR OF THE ESTATE OF THE LATE NATHAN ASENA NDUGU)

RULING OF THE COURT

Background

1) By way of a Notice of Motion dated 25th February, 2020, brought under Rule 99(2) of the Court of Appeal Rules (the Rules of this Court) Belisi Kagonya Asena (suing as the administrator of the Estate of the late Nathan Asena Ndugu) (the respondent) urges this Court to grant her orders in the main:

a) That the appeal filed by Japheth Isinga (the appellant) has abated;

b) That costs of the appeal and the instant application be provided for.

2) The respondent’s application is based on the following grounds: that the appeal against the impugned judgment of the ELC (Matheka, J.) was lodged on 7th March, 2018; that the appellant died on 6th September, 2018; that no substitution has been brought to date; that over twelve (12) months have lapsed since the demise of the appellant; that no leave or extension of time has been sought; and that it is in the interest of justice that the order sought be granted.

3) The application is supported by an affidavit sworn by the …