REBECCA WAMBUI NJOROGE V. ALICE WAGIKUYU NJOROGE

RULING

The application by notice of motion dated 6.9.2013 came up for hearing before me sitting as a single Judge pursuant to rule 53(1) of the Rules of this Court. It was made by Rebecca Wambui Njoroge, the applicant under Rule 4 of this Court’s rules. It sought four orders as follows:

1. The learned trial Judge erred in law and in fact in dismissing the appellant’s application for review dated 9^th August 2012.

2. The learned trial Judge erred in Law and in fact in failing to order the distribution of the estate of the deceased as per the provisions of the law of Succession Act Cap 160 Laws of Kenya.

3. The learned trial Judge erred in law and in fact in failing to consider that some of the properties were not part of the Estate of the deceased.

4. The learned trial Judge erred in law and in fact in failing to consider the principle of fairness when dealing with the application for review.

The application was supported by an affidavit sworn on 6.9.2013 by the applicant. It is discernible f…