PAULINE WAMBUI NGARI V. JOHN KAIRU & JAMES CHEGE

R U L I N G

The appellant in the main appeal, Pauline Wambui Ngari, (“the deceased”) died on 26^th November, 2007. I now have before me an application dated 20^th March, 2009 and filed one month later on 20^th April, 2009, by Margaret Wanjiru, who says she is the legal representative of the deceased, seeking the following orders:-

“1. THAT this Honourable court be pleased to revive this suit.

2. THAT Margaret Wanjiru, the legal representative of Pauline Wambui Ngari the appellant herein be made party to this suit in order that she may proceed with the same to its conclusion in that capacity in place of Pauline Wambui Ngari, who is now deceased

3. THAT costs of this application be in the cause.”

The applicant invokes Order XXIII Rule 4, 5 and 12 of the Civil Procedure Rules and Rule 96(1) and (2) of the Court of Appeal rules. I have no hesitation in declaring that Order XXIII of the Civil Procedure Rules has no application in the Court of Appeal. The application must therefore be considered un…