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Kezia Wambui Mwaura & Ann Woki Karanja v. Clement J. M. Kariuki, Margaret Wambui, Peter G. W. Njiru, John W. Lukandu & Kenya Assemblies of God Church

(2017) JELR 99872 (CA)

Court of Appeal  •  Civil Appeal 11 of 2005  •  7 Apr 2017  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, George Benedict Maina Kariuki, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

1. This appeal was lodged on 24th January 2005 by Kezia Wambui Mwaura and Ann Woki Karanja who later died on 5th July 2013 and 5th May 2014 respectively. On 4th March 2016, this court (PCA in Chambers) heard an application by notice of motion dated 9th November 2014 for the substitution of the applicant, Grace Wanjiku Karanja, in place of the appellants whose estates the applicant had been authorised to administer by dint of a limited Grant ad litem issued in the estate of Kezia Wambui Mwaura and a Grant of Letters of Administration Intestate issued in the estate of Ann Waki Karanja by the High Court in Nairobi in Causes Numbers 2369 of 2015 and 886 of 2015 respectively. The appeal which had abated was on 4th March 2016 revived by an order of this court pursuant to rule 99(3) of the Court of Appeal Rules and was set down for hearing on 28th February 2017.

2. The background to this appeal as reflected in the Record of Appeal shows that the appellants’ suit No.290 of…

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