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