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Patrick Kiruja Kithinji v. Victor Mugira Marete

(2015) JELR 96680 (CA)

Court of Appeal  •  Civil Appeal (Application) 48 of 2014  •  12 Mar 2015  •  Kenya

Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek



1. The application before us has been brought pursuant to Rules 42(1) and 43(1), 82(1) and (2) and 84 of the Court of Appeal Rules (the Rules). The applicant herein seeks an order striking out the appeal herein. The appeal is against the High Court (Makau, J.) ruling dated 18th March, 2014 wherein the Estate of Marete Ingetu (deceased) was distributed. The parties herein are administrators of the deceased’s Estate. The ground in support of the application is that the appeal had been filed out of time without leave of the Court.

2. The applicant deposed that the impugned ruling was delivered on 18th March, 2014; the respondent lodged a Notice of Appeal against the said decision on 27th March, 2014. The respondent ought to have filed the appeal within 60 days of lodging the appeal, that is, on or before 27th May, 2014. The appeal herein was filed on 7th October, 2014, 130 days after lapse of the requisite time frame. The applicant also faulted the Certificate of Delay …

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