WAGECHE MARIYU V. MUTURI MARIYU

RULING

Before me is a Motion on Notice dated and filed in court on 6^th June, 2012 by Joseph Kabiru Wageche (hereafter the applicant), a son of the deceased appellant, Wageche Mariyu. The applicant was on 4^th November 2011 grant by the High Court of Kenya at Nyeri letters of administration ad litem of the estate of his late father limited to representing the estate of deceased in this appeal.

The application is brought under Rules 99(1), (2), (3) and 42(1) of the Court of Appeal Rules 2010, and substantively prays for an order that Civil Appeal No. 135 of 2010 be revived and that the applicant be substituted as the appellant in place of his deceased father. The application is supported by an affidavit sworn by the applicant on 6^th June, 2012.

From the supporting affidavit and the annextures thereto, the appellant, Wageche Mariyu died on 11^th May, 2011. On 16^th August, 2011 the applicant applied before the High Court of Kenya at Nyeri for a grant of letters of administration ad litem of th…