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Margaret Wanjiru Wainaina & Eunice Wangari Mwangi v. James Njenga Kinyanjui, David Karanja Njenga, David Karanja Njenga , Keziah Muthoni Wanaina & Peter Njenga Wanaina

(2020) JELR 99291 (SC)

Supreme Court  •  Petition 19 of 2019  •  4 Sep 2020  •  Kenya

Coram
David Kenani Maraga, Mohammed Khadhar Ibrahim, Philomena Mbete Mwilu, Smokin C Wanjala, Susanna Njoki Ndungu

Judgement

RULING OF THE COURT

[1] The Petition before the court is dated and filed on the 17th of May 2019, appealing against the decision of the Court of Appeal at Nairobi dated 5th of April 2019, in Civil Appeal No 30 of 2005. The Appellate Courts decision overturned a High Court decision that had awarded Mary Wanjiru Kinyara (deceased) a portion of her deceased’s father property.

[2] On the 30th of May 2019, the 1st Respondent filed a Preliminary objection alleging that the Petitioners did not obtain leave to appeal contrary to

Section 15(1) of the Supreme Court Act, further, that they did not seek or obtain certification from the Court of Appeal that the matter is one of general public importance contrary to Section 24(1) of the Supreme Court Rules 2012. Additionally, they claim that the Petitioner filed the Notice of Appeal after the expiry of the 14 days without seeking extension of time.

[3] In submissions dated and filed on the 11th of March 2010, it is the 1st Respondents case that Jurisdi…

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