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Wangu Njagi v. James Mwai

(2006) JELR 95093 (CA)

Court of Appeal  •  Civil Application 259 of 2005  •  12 May 2006  •  Kenya

Coram
Philip Nyamu Waki

Judgement


IN THE COURT OF APPEAL OF KENYA

AT NYERI

Civil Appli 259 of 2005

WANGU NJAGI ................................................................... APPLICANT

AND

JAMES MWAI .............................................................. RESPONDENT

(Application for leave to file record of appeal out of time in an intended appeal from a Judgment of the High Court of Kenya at Embu (Lenaola, J.) dated 13th April, 2005

in

H.C.C.A. NO. 50 OF 2001)

********************

R U L I N G

Although the matter before me is one of the run-of-the-mill applications for extension of time under rule 4 of this court’s rules, learned Counsel for the respondent, Mr. Morris Njage, has raised a fundamental objection to it, which I must deal with in limine. The objection made by Mr. Njage is that the intended appeal is against the decision of the superior court, made in exercise of its appellate jurisdiction in a Succession matter, which decision is not appealable by dint of section 50 of the Law of Succession Act Cap. 160.…

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