<p class="ql-align-center"><strong>JUDGMENT OF THE COURT</strong></p><p class="ql-align-justify">1. <em>Order 24 </em>of the<em> Civil Procedure Rules </em>outlines the procedure to be adopted in the event of the death of any party in a suit. It sets out the steps to be taken by a legal representative of the estate of a deceased party so as to be substituted with the deceased. Of relevance to this appeal, is the implication of <em>Order 24 Rule 7</em></p><p class="ql-align-justify"><em>(1) </em>which stipulates that:</p><p class="ql-align-justify"><em>“Where a suit abates or is dismissed under this Order, no fresh suit shall be brought on the same cause of action.”</em></p><p class="ql-align-justify">2. The salient facts which gave rise to the appeal are that the appellant instituted a suit against the respondents in the Chief Magistrate’s Court at Machakos being CMCC No. 975 of 2001 seeking <em>inter alia:</em></p><p class="ql-align-justify"><em>a) That the names of Mwongeli Wambua Nzivo (deceased) be removed and/or cancelled out from the register of members as a co-owner of Plot Numbers 43, 188 in Mitaboni/Katani Company Limited and in the land register of the said plots at Machakos District Land Registry.</em></p><p class="ql-align-justify"><em>b) That an eviction order be issue…</em></p>