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Simon Kaburu v. Jane Nkuene Kirima

(2009) JELR 95098 (CA)

Court of Appeal  •  Civil Appli. 47 of 2008  •  12 Jun 2009  •  Kenya

Coram
Philip Kiptoo Tunoi, Philip Nyamu Waki, John walter Onyango Otieno

Judgement

RULING OF THE COURT

On 24th July 2007, the superior court at Meru (Lenaola, J) delivered a ruling in Succession Cause No. 31 of 2001 which was filed to determine, among other matters, the distribution of the estate of Kirima M’Mungania who died on 27th December 2000. We observe from the record before us that that ruling was delivered in the presence of the advocate for the objector and the petitioner. The applicant Simon Kaburu who was the Petitioner in the Succession Cause felt aggrieved by that ruling and claims that he instructed his advocate Mr. Kiogora Arithi to file Notice of Appeal on his behalf. By 11th March 2008, over seven months later that Notice of Appeal had not been filed and served as required by the Rules of this Court. On 13th March 2008, he moved to this Court through a different firm of advocates, B. G. Kariuki and Company and filed a Notice of Motion dated 11th March 2008 under Rules 4 and 42 of the Court’s Rules in which he sought orders that:-

“1. The time for fil…

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