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DAVID MAINA MWANGI, JOHN KARANJA MWANGI & NANCY NJERI NDUNGU V. PERIS WANJIKU KAMARA

(2017) JELR 102825 (CA)

Court of Appeal  •  Civil Application 207 of 2016  •  10 Mar 2017  •  Kenya

Coram
Roselyn Naliaka Nambuye

Judgement

RULING

Before me is a Notice of Motion dated the 7th day of September, 2016 and lodged in the Courts’ Centrol Registry at Nairobi on the 8th day of September, 2016. It seeks one substantive relief together with an attendant prayer for costs, namely:

1. That this Honourable court be pleased to enlarge time within which the applicant can file a Notice of Appeal and intended appeal.”

It is grounded on the grounds on its body and the supporting affidavit together with the annextures annexed thereto. There was no reply to it but, oral submissions on behalf of the respondent were allowed through her son John Kamau Kamara (Kamara) who holds a power of Attorney in her favour, registered at Murang’a on the 15th day of December, 2016.

The applicants David Maina Mwangi (David), John Karanja Mwangi (John) and Nancy Njeri Ndungu (Nancy) are sons and a daughter to one Beth Mwangi and Mwangi Karugo. Beth Mwangi was a daughter to Waruga Kamandu, the deceased upon whose demise, the Respondent Peris Wanjik…

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