IN THE COURT OF APPEAL
AT NAKURU
Civil Appli 155 of 2009
SAMUEL THUITA WANJAMA .....................APPLICANT
AND
CELESTINE MWANIKI MUNA AND LILIAM MWERU ........RESPONDENT
(Appeal from a judgment and decree of the High Court of Kenya at Nakuru (L. Kimaru, J.) dated 13th June, 2006
in
H.C.C.C. NO. 144 OF 2003)
***********
R U L I N G
The applicant in this notice of motion dated and filed on 13th May 2009, Samuel Thuita Wanjama and Lilian Mweru (now deceased) had a dispute in the superior court commenced by way of Originating Summons dated and filed on 27th August 2003 in which Lilian sought three declarations to be made by that court in respect of property known as L.R. No. 12250/142 situate in Free Area in Nakuru Municipality. After full hearing of that matter but before judgment was delivered, Lilian passed on on 16th March 2006. The applicant says he was not aware of this until sometimes in the year 2009 when his present advocate was served with an application for substitution of the deceased…