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NJOKA MURIU (DECEASED SUBSTITUTED BY SUSAN WANGECHII NJOKA) V. EVAN GITHINJII MURIU (DECEASED SUBSTITUTED BY ESTON KABUI EVAN)

(2009) JELR 95179 (CA)

Court of Appeal  •  Civil Application 356 of 2003  •  30 Oct 2009  •  Kenya

Coram
Philip Nyamu Waki

Judgement

IN THE COURT OF APPEAL OF KENYA

AT NYERI

Civil Application 356 of 2003

NJOKA MURIU (deceased substituted by SUSAN WANGECHI NJOKA ..................................APPLICANT AND EVAN GITHINJI MURIU (deceased substituted by ESTON KABUI EVAN.........................................RESPONDENT (An application for extension of time to file notice and record of appeal out of time from a judgment of the High Court of Kenya at Nyeri (Juma, J.) dated 18th September, 2003 in H.C.C.C. NO. 182 OF 1984) ************************* R U L I N G By an application erroneously dated “11th June, 2008” but filed in court on 12th March, 2008, the applicant, Susan Wangechi Muriu seeks an order under rule 4 of this Court’s Rules (“the rules”) for extension of time to comply with rule 54 of the rules. The background to the application is this. Some 25 years ago in 1984, the applicant’s husband Njoka Muriu was sued by his brother, Evan Githinji Muriu, for a share of family land registered in the name of Njoka Mu…

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