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Susan Wamaitha & Naomi Njoki Kimani v. Mary Njeri Kimani & Wariara Kimani

(2015) JELR 98416 (CA)

Court of Appeal  •  Civil Application 5 0f 2011  •  16 Oct 2015  •  Kenya

Coram
George Benedict Maina Kariuki, Sankale ole Kantai, Fatuma sichale

Judgement

RULING OF THE COURT

1. Susan Wamaitha, the applicant in the notice of motion before us dated 18th February 2015 is the daughter of the late Naomi Njoki Kimani who died on the 4th of March 2014. She prays in the application for an order that she be substituted with her late mother, Naomi Njoki Kimani, as the applicant, and hence as the intending appellant. The applicant’s late mother, Naomi Njoki Kimani (who is hereinafter referred to as “the deceased”) had given a notice of appeal dated 31st May 2010 manifesting her intention to appeal to this court against the Ruling of Kalpana Rawal, J, (as she then was) delivered on 23rd February 2009 in the High Court at Nairobi in Succession Cause No.2165 of 1996. In that Ruling, the learned Judge gave the deceased 30 days from the date of the ruling to account for rent collected in the estate of Kimani Wanyoro (deceased) failing which property No. L.R. 36/11/222 situate at Eastleigh, Nairobi would be sold as prayed in a summons dated 19th June 20…

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