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JEPHTER OSORO OPANDE, RATEMO NYARANGI & KEPHA MOGOI V. SAMMY NYARANGI & BECKI BOYANI NYARANGI

(2015) JELR 101008 (CA)

Court of Appeal  •  Civil (Application) Nai 300 of 2014  •  6 Feb 2015  •  Kenya

Coram
Agnes Kalekye Murgor JA

Judgement

RULING

This Notice of Motion dated 26th September 2014 seeks orders for extension of time to be granted under Rule 4 of the Court of Appeal Rules 2010 within which to lodge a Notice of Appeal and record of appeal out of time against a ruling of Musyoka, J delivered on 23rd May 2014.

The dispute concerns the estate of the late Margaret Nyarangi Maragwa, who died on 25th October 2008, where representation was sought by Ratemo Nyarangi Moga and Jepther Osos Opande for the execution of a will purportedly executed by the deceased on 15th February 2008, and where a list of assets which was the subject of disposal was annexed to the will and filed in Nairobi HCSC No. 565 of 2009. An objection to this grant was lodged on 28th May 2009, by the administrators of the estate of James Onyiengo Nyarangi in Nairobi HCSC No. 1092 of 1991 which sought orders:

a. That the assets listed in the petition for grant of probate in the estate of Margret Nyarangi be expunged as they did not form part of her estat…

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