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1 Jan 1955

Civil Procedure [1955] EACA 132

Dave v Lakhani

Dave v Lakhani (Civil Appeal No. 1151 of 1951) [1955] EACA 132 (1 January 1955)

Court: East African Court of Appeal
Case number: Civil Appeal No. 1151 of 1951
Judge: Connell J

The court held that the appeal abated by operation of law upon the death of the appellant, as the cause of action was purely personal and did not survive. The substitution of the appellant's widow as representative was improper, as the right to pursue the appeal did not exist after the appellant's death. Abatement under Order 23 of the Civil Procedure (Revised) Rules, 1948, does not require a formal order of court; it occurs automatically. The court distinguished between abatement and dismissal, emphasizing that abatement is not tantamount to dismissal. As neither party correctly appreciated…

Source excerpt

Abatement Of Appeal
Death Of Party
Personal Cause Of Action
Costs Orders

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1 Jan 1955

Land And Property [1955] EACA 157

In Re: An Appeal by Mohamed Ibrahim; Ex Parte: Gulam Mustafa Litt

In Re: An Appeal by Mohamed Ibrahim; Ex Parte: Gulam Mustafa Litt (Civil Appeal No. 19 of 1953) [1955] EACA 157 (1 January 1955)

Court: East African Court of Appeal
Case number: Civil Appeal No. 19 of 1953
Judge: CRAM, Ag. J

The court held that the right of a statutory tenant under the Increase of Rent (Restriction) Ordinance, 1949, is a strictly personal right that does not survive the tenant's death and cannot be transmitted to an administrator or executor. The statutory definition of 'tenant' does not confer succession rights on administrators; only a widow or family member residing with the deceased at the time of death may, by operation of law, be deemed a statutory tenant, but this is not a succession right and is contingent on actual residence and absence of an absolute order for possession. In this case,…