JIMMY MUSYOKI KILONZO V. JOHN KYALO KILONZO, JOSEPH MUNYAO KILONZO & FRANCIS MWAKA KILONZO

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: WAKI, J.A (IN CHAMBERS)

CIVIL APPLICATION NO. NAI. 26 OF 2014 (UR. 19/2014)

BETWEEN

JIMMY MUSYOKI KILONZO..........................................APPLICANT

AND

MAJOR (RTD) JOHN KYALO KILONZO

JOSEPH MUNYAO KILONZO

FRANCIS MWAKA KILONZO..................................RESPONDENTS

(An application for extension of time to file and serve notice of appeal and record

of appeal out of time in an intended appeal from the ruling and order of the

High Court of Kenya at Machakos (Makhandia, J.)

dated 4 t h September, 2012

in

H. SUCC. CAUSE NO. 335 OF 2003)

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R U L I N G

1. The matter before me is a motion dated 18th February, 2014 and filed on 20th February, 2014, by Jimmy Musyoki Kilonzo (Jimmy). He is represented before me by learned counsel Mr. Ndeto. The respondents to the motion are his brothers, hereinafter referred to as John, Joseph and Francis respectively. They are represented before me by learned counsel, Mr. Mulekyo.

2. The motion …