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MOSES KARANJA KAHOCHIO & MUIGAI KAHOCHIO V. JOEL MBURU KANYUKU & ISAAC MUIGAI KARANJA

(2020) JELR 98937 (CA)

Court of Appeal  •  Civil Application 243 of 2018  •  21 Feb 2020  •  Kenya

Coram
Patrick Omwenga Kiage

Judgement

RULING

The motion dated 15th August, 2018 seeks two substantive prayers namely;

“1. That this honourable court be pleased to extend time within which the applicants may file a notice of appeal challenging the grant confirmed on 27th June 2014 by the honourable Justice Luka Kimaru in the High Court of Kenya at Nairobi.

2. That this honourable court be pleased to extend time within which the applicants may file a memorandum of appeal and record of appeal challenging the grant confirmed on 27th June 2014 by the honourable Justice Luka Kimaru in the High Court of Kenya at Nairobi.”

It is premised on grounds appearing on its face as follows;

“(a) That the grant confirmed on 27th June 2014 disinherited the applicants who were the only beneficiaries of the deceased Karori Kihagi’s estate, in terms of the provisions of section 39(c) of the succession act, cap 160.

(b) That should leave not be granted to the applicants, they will forever be dispossessed of all the deceased’s parcels of land already …

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