JUDGMENT OF THE COURT
This appeal emanates from the ruling of the High Court (Waweru, J.) dated 16th May, 2013 relating to two applications dated 2nd August 2010 and 17th December 2010.
The salient facts which gave rise to the appeal are that the respondent, Anthony Kabimba Gusinjilu, filed a suit against the appellant in the High Court on his own behalf and that of 112 other plaintiffs seeking payment of their retirement benefits under an early retirement scheme. On 19th December, 2003 the Court, by consent of the parties, entered judgment on admission against the appellant and the matter was fixed for assessment of damages. Judgment on damages was entered on 10th July, 2009 but unbeknown to the Court and the appellant, the main respondent had passed away on 11th February 2008, after the consent judgment was entered but before the final judgment was pronounced.
Upon learning of the respondent’s demise, the appellant filed a Notice of Motion dated 2nd August, 2010 before the High Court, …