Elisahamy v Punchi Banda – sllr 1997 volume 1 page 225

The case between the tenant-respondent and the original property owner-appellant considered whether a petitioner who acquired property through a deed of gift with a reserved life interest, and whose title became absolute upon the donor’s death, was entitled to be substituted for the deceased defendant in an ongoing suit under section 404 of the Civil Procedure Code. It was determined that substitution was appropriate as the petitioner acquired the relevant interest and title at the time of the substitution application, overruling the District Court’s previous decision that had treated the relief as purely personal to the deceased. The court reaffirmed the principle that a transferee who obtains full title following the transferor’s death is properly entitled to be substituted in a pending