Joe Loius Martin v Shyam Singh Bansal Ram [2004] KECA 62 (KLR)

IN THE COURT OF APPEAL AT KISUMU(CORAM: TUNOI, O’KUBASU, JJ.A. & ONYANGO OTIENO, AG.

J.A.)CIVIL APPEAL NO. 135 OF 2000 BETWEEN

JOE LOIUS MARTIN…………………………………….. APPELLANT AND SHYAM SINGH BANSAL RAM.………………………. RESPONDENT (Appealfrom the Ruling and Order of the High Court of Kenya at Kisumu (Justice Wambilyangah) dated 22 nd March, 2000 in H.C.C.S. NO. 15 OF 1991 (O.S.) ******************* ORDER OF THE COURT

Both Counsel agree that this appeal was instituted in the name of Joe Louis Martin, who at the time the appeal was instituted, was dead. Rule 83(1) states that an appeal shall not be instituted in the name of a person who is dead but may be instituted in the name of his legal representative.

Under these circumstances, the appeal is incompetent and it is struck out. The respondent will have costs of the appeal.

Made at Kisumu this 23rd day of March, 2004. P. K. TUNOI JUDGE OF APPEAL E. O. O’KUBASU JUDGE OF APPEAL J. W. ONYANGO OTIENO AG. JUDGE OF APPEAL

I certify that this is a true copy of the original. DEPUTY REGISTRAR