LITHER PETER MUIA & ROSE PETER MUIA V. ZUENA NGANDO KABABU

RULING OF THE COURT

In a ruling delivered on 27^th April 2009 in Succession Cause No. 2833 of 2004, the High Court (K. H. Rawal, J, as she then was) rejected claims by Zuena Ngando Kababu, the respondent that she was married to Peter Muia Ndunda, deceased. Accordingly, the High Court dismissed her objection to the grant of letters of administration to the widow and daughter of the deceased.

Aggrieved, and desiring to challenge that decision on appeal to this Court, the respondent lodged a notice of appeal on 14^th May 2009. The respondent also applied through her advocates’ letter dated 16^th May 2009 to the Deputy Registrar of the High Court, to be furnished with copies of the proceedings and the ruling delivered on 27^th April 2009.

Concerned that the time frame provided for institution of appeals under rule 82 of the rules of the Court has expired and that the respondent has taken too long to institute the appeal, the applicants filed the present application on 25^th May 2011 praying that …