VYATU LIMITED & ANOTHER V. PUBLIC TRUSTEE,NYANZA PROVINCE

RULING

The applicant seeks the following orders:

1. That time limited for substitution of a legal representative of the deceased respondent be extended to enable the applicant to substitute the Public Trustee Nyanza Province as a legal representative of the respondent in Civil appeal No 80 of 2000 Vyatu Limited and another v. John Oloo Ochieng .

2. That thereafter Civil appeal No 80 of 2000 which has abated due to efflution of time subsequent to the death of the respondent be revived and be put back in the list of appeals to be heard.

The application is brought under rule 1(2) Court of Appeal Rules, rule 4 of Court of Appeal Rules, section 3A of the Civil Procedure Act, section 95 of Civil Procedure Act and order XLIX rule 5 of Civil Procedure Rules.

The application is supported by the affidavit of Mr L G Menezes. The respondent was the plaintiff in High Court Civil suit No 320 of 1997. He had sued the applicants herein to recover general and special damages for injuries he suffered in a r…