RULING
The application by notice of motion dated and lodged in this Court on 28th July, 2009 seeks the following orders; namely:-
“1. THAT this Honourable court be pleased to grant leave to the Applicant to amend the record of appeal by substituting the deceased appellant with her legal representative MARY WANJIKU NJUGUNA in accordance with the amended draft of the record of appeal in Civil Appeal No.8 of 2007 annexed to the supporting affidavit of this Notice of Motion.
2. THAT the amended record of appeal in Civil Appeal No. 8 of 2007 in terms of the draft annexed to the supporting affidavit of this application be filed within such time as the court may direct under Rule 44(2) of the rules of this Court.
3. THAT costs of this application do abide the Civil Appeal.
The application was based on the following grounds; to wit:-
“1. The deceased died on the 6th July, 2008 and the personal representative wishes to proceed with the main appeal.
2. It is necessary to substitute the appellant with …