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KHADIJA SHARIFF OMAR & KAMAL SHARIFF OMAR V. MOHAMED SHARIFF

(2019) JELR 99868 (CA)

Court of Appeal  •  Civil Application 387 of 2018  •  11 Oct 2019  •  Kenya

Coram
Fatuma sichale

Judgement

RULING

The applicants, Khadija Shariff Omar and her son Kamal Shariff Omar in a motion filed on 21st December, 2018 are seeking orders for extension of time to file an appeal against the decision of Ougo, J delivered on 26th February, 2015 and leave to file and serve their memorandum of appeal out of time.

According to the 1st applicants’ supporting affidavit sworn on 20th December, 2018, the letters of administration intestate were granted to the applicants on 4th May, 2009 and confirmed on 3rd May, 2010. Upon application by Mohamed Shariff (the respondent herein), the grant of letters of administration was revoked by the ruling of Ougo, J. delivered on 26th February, 2015. Dissatisfied with the decision, the applicants intended to appeal against the decision and a notice of appeal was lodged on 17th April, 2015. However, the notice was never served upon the respondent. In fact, the letter bespeaking the proceedings dated 10th April, 2015 was also never copied to the respondent.

The app…

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