<p class="ql-align-justify">RULING OF THE COURT</p><p class="ql-align-justify">This appealis from the ruling of Hon. Justice E. O. O’kubasu J. A. dated 21^st July, 2000 in Nairobi <em>HCCC No. 189 of 1998. </em>The same was scheduled for hearing on 18^th February, 2012but on 2^nd February 2012, learned counsel for the 3^rd respondent<em> Mr. Esmail </em>filed a Notice of Preliminary Objection which he duly served on learned counsel for the appellant<em> Mr. Katwa. </em>When the matter therefore came up for hearing before us on 8^th February, <em>Mr. Esmail</em> raised his Preliminary Objection, saying that this entire appeal had abated. On this point he was supported by <em>Mr. Omuga</em> and <em>Mr. Lutta</em> learned counsel for the 1^st, 2^nd, 4^th and 5^th respondents. According to <em>Mr. Esmail</em>, since the 3^rdappellant was deceased, the entire Appeal had abated. He cited Rule 96 of the repealed Court of Appeal Rules which was the relevant Rule applicable at the time the suit is supposed to have abated. That Rule provided that once a party died, any interested party would file for substitution of the dead…</p>