RULING
- The application dated 12.05.2025 coming up from directions is seeking to substitute the deceased Plaintiff with one Bernard Kipkorir Cheruiyot.
- However, the matter has a judgement that was delivered on 30.07.2020 which was before the Plaintiff passed away.
- At this time, the Court cannot substitute the Plaintiff as the matter was concluded and the Court is functus officio.
- Consequently, the application dated12.05.2025 is dismissed with costs.
IN THE PRESENCE OF;
Court Ass: Brian
Plaintiff: No appearance for the Plaintiff
Defendant: Mr. Chemwok for Defendant
Applicant Bernard Cheruiyot in Person