PUBLIC TRUSTEE V. GITHINJI MARARO & 4 OTHERS

RULING OF THE COURT

This is an application essentially for reinstatement of Civil Appeal No. 196 of 2002 which was dismissed by this Court on 19^th February 2009 and for extension of time within which to a file a notice of cross-appeal. Although the application is shown to have been made by the Public Trustee who is the Administrator of the estate of Kahugi Gituro by virtue of a Grant granted to the Public Trustee on 28^th September 1993, it has emerged that the application is in fact brought by two sons of the deceased namely; Gituro Kahugi Gituro and his brother Stephen Mungai Kahugi.

It has also emerged that the deceased, Kahugi Gituro who died on 17^th June 1976 had four wives namely; Monica Wanja Kahugi (1^st wife), Rachael Muthoni Kahugi (2^nd wife), Hilda Njeri Kahugi (3^rd wife), and Wanjiru Kamau (4^th wife) and that the two applicants are the sons of Hilda Njeri Kahugi, the 3^rd wife.

It has also emerged that distribution of the estate of the deceased Kahugi Gituro which includes part …