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ZEUDI MIRACH V. GIDE FISSAH ALE GOITOM & DEHEB BEHRANE ABED

(1999) JELR 92780 (CA)

Court of Appeal  •  civil misc appl 220 of 99  •  22 Oct 1999  •  Kenya

Coram
Effie Owuor

Judgement

R U L I N G

Zeudi Mirach is the applicant in this Notice of Motion brought under Rule (4) of this Court's rules. She seeks an order from this Court extending time to enable her file and serve a Notice of appeal, memorandum of appeal and record of appeaTlh.e affidavit filed in support of the application by Mr. Musyoka, counsel for the applicant states inter alia; that Khamoni (J) delivered a judgment in Succession Cause No. 843 of 1995 on 3rd November, 1998. The applicant, who had maintained that she was the only wife of the deceased, Fisahaye Goitom was dissatisfied with the judgment.

The effect of the judgment was that the administration of the deceased's estate be carried out jointly with the family of the other wife Deheb Berhawe Abed, who had objected to the applicant's petition as a sole administrator.

The applicant promptly filed and served a notice of appeal on 14th November, 1997 and thereafter a memorandum of appeal in appeal case No. 138 of 1998 on 17th July, 1998.

The appeal ca…

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