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Dancun Waruinge Kagiri,Maina Kagiri & John Mwangi Kagiri v. George Mwangi Kagiri

(2016) JELR 102937 (CA)

Court of Appeal  •  Civil Application 17 of 2015  •  14 Apr 2016  •  Kenya

Coram
Roselyn Naliaka Nambuye

Judgement

IN THE COURT OF APPEAL

AT NYERI

(CORAM: NAMBUYE, JA (IN CHAMBERS)

CIVIL APPLICATION NO. NAI. 17 OF 2015

BETWEEN

DANCUN WARUINGE KAGIRI

MAINA KAGIRI

JOHN MWANGI KAGIRI.............................................................APPLICANTS

AND

GEORGE MWANGI KAGIRI.....................................................RESPONDENT

(Application for Orders granting leave to file appeal out of time, arising from the Ruling of the High Court of Kenya (Wendoh, J.) Dated 1st October, 2014

in

Misc. Succ Cause No. 12 of 2007)

*******************************

RULING OF NAMBUYE, JA

Before me is a Notice of Motion dated the 17th day of December, 2014 and lodged in this Court’s Sub-Registry at Nakuru on the 13th day of January, 2015. It is brought under Rules 42 and 43 of the Rules of the Court and section 3A of the Civil Procedure Act. It substantively seeks leave of court to file an appeal out of time. Alternatively the applicants’ Notice of Appeal dated the 14th October, 2014 and lodged in this Court’s sub-Registry …

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