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URBANUS MUINDE MUTUKU V. DANIEL MBITHUKA MBINDA

(2020) JELR 95398 (CA)

Court of Appeal  •  Civil Application 6 of 2020  •  10 Jul 2020  •  Kenya

Coram
Stephen Gatembu Kairu

Judgement

RULING

1. By his application dated 7th January 2020, the applicant, Urbanus Muinde Mutuku, seeks an order for extension of time for filing of notice of appeal. He intends to appeal against a ruling by the High Court at Machakos (G.V. Odunga, J.) delivered on 6th November 2019 dismissing his protest against the appointment of the respondent as administrator of the estate of Dominic Mutuku Mwole, deceased. In the same ruling, the court ordered rectification of the confirmed Grant to reflect the correct acreage of the property known as Machakos/Mua Hills/650 to be administered by the respondent as 15 acres instead of the entire parcel which measures 39.22 acres.

2. In his affidavit in support of the application, the applicant explains that two days after delivery of the ruling, that is on 8th November 2019, his advocates wrote a letter to the Deputy Registrar of the court seeking assistance in tracing the court file; that the delay in filing the notice of appeal was not deliberate; that at…

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