DANIEL MURIITHI KAMONDE V. MARY WANJIKU KAMONDE

RULING

Before me is an application made under rule 4 of the rules of this Court for extension of time within which to file and serve a notice of appeal and the record of appeal.

The background to the application is this: -

In a Succession Cause before the subordinate court in Nyeri, the applicant herein, Daniel Muriithi Kamonde, objected to confirmation of a grant of letters of administration issued to the Respondent, Mary Wanjiku Kamonde, the widow of one Stephano Kamonde Kubuta (Deceased). He claimed that he was one of the sons of the deceased and was entitled to a share of the estate in parity with two other sons of the deceased. After hearing oral evidence in the matter, the subordinate court agreed with the applicant and ordered that part of the deceased’s three parcels of land be shared out to him. On appeal to the High Court the decision was reversed on the ground that the deceased had indicated during his lifetime how he would share out his land and had expressly left out the app…