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ALPHONCE NGUNGI WAMBUA
V.
JANE NDILA WAMBUA & 4 ORS

(2023) JELR 111732 (CA)

Court of Appeal 6 Oct 2023 Kenya
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Case Details

Suit Number:CIVIL APPLICATION NO. NAI E022 OF 2023
Judges:HANNAH OKWENGU, J.A K. M’INOTI, J.A J. MATIVO, J.A
Location:Nairobi

RULING OF THE COURT

1. Alphonce Ngungi Wambua (the applicant) in his application dated  24th June 2022 seeks the following orders: 

(a) stay of execution of the order and decree issued on  20th May 2020 in Makueni ELC Case No. 34 of 2017  consolidated with Makueni ELC Case No. 22 of 2018;  

(b) leave to file the intended appeal out of time;  

(c) the annexed memorandum of appeal be deemed duly  filed and served upon payment of the requisite court  fees; and 

(d) costs of the application be in the cause. 

2. The application is founded on a raft of provisions of the Court of  Appeal Rules, 2010 (repealed), namely, Rule 4 (extension of time), Rule 5 (2) (b) (stay of execution), Rule 31 (general powers of the  Court), Rule 78 (death of respondent before service of notice) and  Rule 85 (death of party to intended appeal).  

3. Briefly, the core ground cited in support of the application is that  the 1st respondent died on 9th May, 2020 before delivery of the  impugned judgment. Because substituti…

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