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Newton Wanjohi Mwai (Legal Representative of Stanley Mwai Njiraini) v. Ephantus Ngari Njiraini

(2014) JELR 105340 (CA)

Court of Appeal  •  Civil Application Nai. 297 of 2011  •  29 Jan 2014  •  Kenya

Coram
Martha Karambu Koome

Judgement

IN THE COURT OF APPEAL

AT NYERI

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

CIVIL APPLICATION NO. NAI. 297 OF 2011

NEWTON WANJOHI MWAI (Legal Representative of

STANLEY MWAI NJIRAINI)...................................................................APPLICANT

VERSUS

EPHANTUS NGARI NJIRAINI...........................................................RESPONDENT

(An application to file appeal out of time against the ruling of the High Court of Kenya at Nyeri, (Sergon, J.) delivered on 20th May, 2011, in an Application dated 17th December, 2009 against the Judgment delivered on 14th May, 2009 (Kasango, J)

in

H.C. Succ. Cause No. 35 OF 2000)

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

R U L I N G

[1] The Notice of Motion dated 16th November, 2011, brought under Rules 4, 5 (2) (b), 41 and 42 of the Court of Appeal Rules, was argued before me. The applicant, Newton Wanjohi Mwai, is the legal representative of the estate of the late Stanley Mwai Njiraini deceased. He is seeking for leave to lodge an appeal out of time against theā€¦

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