judy.legal
Login Register

Nancy Wangari Simba (Substituted) & Dominic Wanjohi Simba (Added) v. Cyrus Macharia Gitonga and John Maina Gitonga (Suing as the Legal Representatives of the Estate of Francis Gitonga Macharia (Deceased), Naomi Njeri Karumba (Substituted) & Naomi Wanjiru Kibuchi; Simon Mbaria Njeru (Third Party)

(2021) JELR 98610 (CA)

Court of Appeal  •  Civil Application 12 of 2013  •  29 Jan 2021  •  Kenya

Coram
Hannah Magondi Okwengu, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

RULING OF THE COURT

[1] Before this Court is a reference brought by the applicants under Rule 55 (b) of the Court of Appeal Rules against the decision of a single Judge, (the late Otieno-Odek, JA) dated 18th July 2013 in which the single Judge declined to exercise his discretion in the applicants favour and dismissed the applicants Notice of Motion dated 13th June, 2012.

[2] The applicants’ motion was brought under Rule 4 of this Court’s Rules, seeking leave to file the Notice and Record of Appeal out of time. The applicants sought to appeal the decision of Sergon, J dated 17th September, 2010 in which the learned Judge dismissed the applicants’ motion seeking to have their suit reinstated following its dismissal for non-attendance.

[3] The application was premised on the ground that the 1st applicant was indisposed and was ailing hence there was a breakdown of communication between her and her advocate leading to the inordinate delay in the filing of the appeal. The 1st applicant, who s…

There's more. Sign in to continue reading

JUDY is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login