R U L I N G
The notice of motion dated 11th June, 2014 has four main prayers all seeking extension of time to enable the applicant file an appeal out of time against the Ruling of W. Musyoka, J. dated 11th April 2014 in Nairobi H.C. Succession Cause No. 2377 of 2008.
The ruling which is interlocutory in nature, dismissed the applicants’ application seeking inter alia an order to substitute Maurice Kamau Rubia (one of the applicants and an objector in the succession proceedings) as a joint administrator in place of Charles Wanyoike (another applicant). The succession cause in question relates to the Estate of the late Bernard Njonjo Rubia who was the 1st applicant’s son. Elizabeth Wanjiru Njonjo, the 1st respondent is the widow to the deceased while Brian Mwituria (2nd respondent) is said to be the deceased’s son by another woman.
As is the case in many succession cases, the parties have issues with the distribution of the Estate. It is not necessary to delve into the nitty gritty of this…