SIMON MWANIKI GATERU V. CEASARE WAWERU GATERU & ANOTHER

IN THE COURT OF APPEAL

AT NYERI

SITTING IN NAKURU

(CORAM: NAMBUYE, J.A (IN CHAMBERS))

MISCELLANEOUS APPLICATION NO. 11 OF 2015

IN THE MATTER OF ESTATE OF KOSIANDO GATERU MWANIKI (DECEASED)

BETWEEN

SIMON MWANIKI GATERU................................................................ APPLICANT

AND

CEASARE WAWERU GATERU...............................................1^ST RESPONDENT

JOSEPH WARUTHI GATERU.................................................2^ND RESPONDENT

(An appeal from the judgment of the High Court of Kenya at

Nakuru (Mshila, J.) dated 31^st July, 2015

in

H. C. Succession Cause No. 145 of 2009)

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RULING OF NAMBUYE JA

Before me is a notice of motion dated the 2^nd day of November, 2015 and lodged in the Court's sub registry at Nakuru on the 6^th day of November, 2015. It is expressed to be brought under Rule 41 of the Rules of the Court 2010, Sections 95 and 3A of the Civil Procedure Act and Order 50 Rule 67 of the Civil Procedure Rules. Initially four (4) reliefs were…