RULING OF THE COURT
The main appeal in this succession matter was set down for hearing on 14.10.04 but was adjourned for good reasons to a date to be fixed at the Registry on priority basis in the month of November, 2004. Instead of setting down the appeal for hearing in accordance with that order, the Respondents, Margaret Rachel Muthoni and Arthur Munene Mbogoh (hereinafter the “applicants”) took out a Notice of Motion the following day (15.10.04) seeking two substantive orders:
a) That the record of Appeal be struck off for being incompetent.
b) That if the record is found to be competent or salvageable the applicant be given leave or be allowed time to file a supplementary record appeal (sic).
The reason given for incompetence was that some primary documents were missing.
In response to that application the appellant, Veronicah Rwaba Mbogoh (hereinafter the “Respondent”) gave notice that she would raise a preliminary objection to that application on a point of law. And so it was that o…