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Charles Wanjohi Wathuku v. Githinji Ngure & Charles Mwangi Gitundu

(2016) JELR 103246 (CA)

Court of Appeal  •  Civil Application 9 of 2016  •  6 Jul 2016  •  Kenya

Coram
Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage

Judgement

RULING OF THE COURT

1. This Succession Cause on the estate of the late Wathuku Ngure has had a chequered history since its debut in court some 19 years ago. But the matter before us is rather narrow and we have no intention therefore of relating that long history . It is a notice of motion dated 3rd March 2016 which was taken out by Charles Wanjohi Wathuku (the applicant), the court-appointed administrator of the estate, seeking the following substantive orders:

“1. That the notice of appeal dated 4th June 2009 and lodged in the record of High Court Succession Cause No. 60 of 1997 on the 4th June 2009 is deemed to have been withdrawn following the failure to institute the requisite appeal under Rule 82 of the Court of Appeal Rules, 2010 or under Rule 81 of the former Court of Appeal Rules revoked on 17th December, 2010, after notice dated “17.11.2010” to collect proceedings and ruling was sent to he advocates on record for the respondents by the Deputy Registrar of the High Court at Nye…

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