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Samuel Mathenge Mugenyu v. Wanjiru Mugenyu Nyokabi Mugenyu

(1986) JELR 95221 (CA)

Court of Appeal  •  Civil Application Nai 92 of 1985 (Nyr 7/85)  •  25 Nov 1986  •  Kenya

Coram
Alan Robin Winston Hancox

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT NYERI

(CORAM: HANCOX, JA (IN CHAMBERS)

CIVIL APPLICATION NO NAI 92 OF 1985 (NYR 7/85)

(In the matter of an intended appeal)

BETWEEN

SAMUEL MATHENGE MUGENYU .............. APPLICANTS

AND

WANJIRU MUGENYU

NYOKABI MUGENYU ............................... RESPONDENT

(Application for extension of time to file an intended appeal from a decree order of the High Court of Kenya at Nyeri (J S Patel, J ) dated March 13, 1985)

in

High Court Civil Appeal No 13 of 1983)

__________

RULING

The intended appeal in which the present application is made was listed for hearing before the full court on May 21, 1986, but could not be heard because leave had not been granted to file the record of appeal out of time, as is now sought.

The case originally came before second class district magistrate at Nyeri on a reference to that court under section 120(2) of the Registered Land Act, (cap 300), to determine who were the heirs to the deceased Richard Mugenyu and entitled to succeed to …

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