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Naomi Wanjiru Mbuthu v. Bernadette Murugi Gitau & Rose Murugi Macharia

(2020) JELR 98601 (CA)

Court of Appeal  •  Civil Application 319 of 2019  •  8 May 2020  •  Kenya

Coram
Fatuma sichale

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: SICHALE J.A IN CHAMBERS)

CIVIL APPLICATION NO. 319 OF 2019

BETWEEN

NAOMI WANJIRU MBUTHU......................APPLICANT

AND

BERNADETTE MURUGI GITAU.....1ST RESPONDENT

ROSE MURUGI MACHARIA..........2ND RESPONDENT

(An application for extension of time to file and serve the Notice of Appeal and Record of Appeal in an intended appeal against the judgment of the High Court at Nairobi (Musyoka J.) dated 29th September,2017 IN Succession Cause No. 2070 of 2011)

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

RULING

In a judgment delivered on 29th September, 2017, Musyoka, J. confirmed the joint grant of letters of administration intestate issued to Naomi Wanjiru Mbuthu (the applicant herein and the widow of Eliud Ndirangu Macharia), Rose Murugi Macharia (the 1st respondent) and Bernadette Murugi Gitau (the 2nd respondent). In dismissing the affidavit of protest consequently filed by the applicant on the grounds that: the respondents had sufficiently been provided for through gifts inter-vivos;…

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