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Julius Mathia Ndamaiyu v. Peter Njoroge Mwaniki

(2019) JELR 100460 (CA)

Court of Appeal  •  Civil Application 70 of 2018  •  21 Jun 2019  •  Kenya

Coram
Daniel Kiio Musinga

Judgement

IN THE COURT OF APPEAL

AT NYERI

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

CIVIL APPLICATION NO. 70 OF 2018

BETWEEN

JULIUS MATHIA NDAMAIYU...............................................................APPLICANT

AND

PETER NJOROGE MWANIKI..........................................................RESPONDENT

(An application for leave to appeal out of time against the whole of the Judgment of the High Court of Kenya at Murang’a (Ngaah Jairus, J.) made on 19 th November, 2014

in

Succession Cause No. 179 of 2013)

***********************

RULING

1. The applicant’s application dated 15th June, 2018 seeks leave to appeal out of time against the judgment of the High Court at Murang’a, Succession Cause No. 179 of 2013 that was delivered on 21st November, 2014.

2. In his affidavit in support of the application, the applicant states that the judgment was to be delivered on notice but he never received any notice; that on 13th August, 2015 he wrote a complaintto the Deputy Registrar, High Court, Murang’a about the delay;…

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