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(2020) JELR 102378 (CA)

Court of Appeal  •  Civil Application 74 of 2018  •  7 Aug 2020  •  Kenya

Agnes Kalekye Murgor



By a Notice of Motion dated 9th April 2018, the applicant Erick Njenga Watitu (Suing as personal representative of the Estate of Monica Nyambura (Deceased) has sought for time to be extended to file an appeal out of time. The application is premised on grounds that the defendant in the trial court deceased had intended to file an appeal against the decision of the High Court (Visram, J) as he then was)) made on the 29th September, 2003; that unfortunately, the deceased was taken ill for a long period and subsequently died on 9th August, 2011; that the applicant who is a son of the deceased has obtained Grant of Letters of Administration Ad Litem and intends to pursue the appeal on her behalf; that the matter concerns family land known as L.R. No. 9035 Lanet ( the disputed land) where the applicant and the deceased were residing only to be evicted by the respondent. It was contended that the intended appeal was arguable.

In the affidavit in support of the application, the applican…

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