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Monica Wamuhu Macharia (The Administratrix Of The Estate Of Peter Macharia) v. The Attorney General & Kipsinende Farm Limited

(2002) JELR 98958 (CA)

Court of Appeal  •  Civil Appl no nai.358 of 01  •  20 Feb 2002  •  Kenya

Coram
Johnson Evan Gicheru

Judgement

IN THE COURT OF APPEAL

AT NAKURU

CORAM: GICHERU, J.A. (IN CHAMBERS)

CIVIL APPLICATION NO. NAI 358 OF 2001 (NKR 34/01)

BETWEEN

MONICA WAMUHU MACHARIA (

The Administratrix of the Estate of Peter Macharia) ......... APPLICANT

AND

THE ATTORNEY GENERAL

KIPSINENDE FARM LIMITED .................... RESPONDENTS

(-

*****************

R U L I N G

Counsel for the second respondent opposes the applicant's application for substitution under rule 96 of the Rules of this Court principally because it has not been explained satisfactorily that Peter Macharia is one and the same person as Peter Macharia Marianjugu. From the supporting affidavit of the applicant who depones that she is the wife of Peter Macharia and who is the administratrix of the estate of Peter Macharia Marianjugu, Peter Macharia is one and the same person as Peter Macharia Marianjugu. That is the name that appears on the deceased's death certificate. It is not disputed that the applicant is the wife of the deceased Peter Macharia Marianjugu …

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