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MERIOTH NYAWIRA KARIUKI V. FREDRICK GITONGA KARIUKI, SAMUEL NJUGI KARIUKI & NAPOLEON MAINA KARIUKI

(2013) JELR 99146 (CA)

Court of Appeal  •  Civil Application NYR 24 of 2013 (UR 8/2013)  •  3 Sep 2013  •  Kenya

Coram
James Otieno Odek

Judgement

RULING

Before me is a Notice of Motion application brought under Rule 4 of the Court of Appeal Rules (the Rules) wherein the following orders are sought:-

  1. The applicant be granted leave to appeal out of time against the whole judgment of the High Court dated 11th February, 2011 in Succession Cause No. 571 of 2009.
  2. The firm of Areba and Company Advocates be granted leave to come on record for the applicant.
  3. The Memorandum of Appeal annexed thereto be deemed as duly filed.
  4. Costs for the application.

The grounds upon which the applicant relies on in support of the application are that firstly, he filed a Notice of Appeal against the said judgment on 17th February, 2011 and applied for certified copies of proceedings from the Registrar of the High Court vide a letter dated 16th February, 2011. Upon being issued with the Certificate of Delay by the Registrar of the High Court on 25th February, 2013 he suffered from an acute chronic disease and his mobility was heavily curtailed. Consequently…

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