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David Mungai Kinyanjui, Teresia Njeri Mungai & Dorcas Wambui Kang'ethe v. Attorney General

(2020) JELR 102812 (CA)

Court of Appeal  •  Civil Application 389 of 2019  •  22 May 2020  •  Kenya

Coram
William Ouko

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: OUKO, (P) IN CHAMBERS)

CIVIL APPLICATION NO. 389 OF 2019

BETWEEN

DAVID MUNGAI KINYANJUI.......................................1ST APPLICANT

TERESIA NJERI MUNGAI............................................2ND APPLICANT

DORCAS WAMBUI KANG’ETHE...............................3RD APPLICANT

AND

THE HON. ATTORNEY GENERAL ..............................RESPONDENT

(Being an application to enlarge time to file an appeal against the Judgment of the High Court (Odunga, J.) dated 9th October, 2012 in H.C.C.C. No. 318 of 2009)

RULING

Although on the face of it, this application shows it has been brought by three applicants, the truth, from the 1st applicant’s own affidavit, is that the parties named as the 2nd and 3rd applicants are deceased. The one named 2nd applicant was the 1st applicant’s wife and the third one his sister. It is therefore proper, in the absence of any substitution of the two, to assume that this application has only been brought by the 1st applican…

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