JUDGMENT OF THE COURT
On 18th June, 1999 the appellant filed an appeal in the High Court against the judgment of the Resident Magistrate’s Court at Muranga in Succession Cause No. 160 of 1999. However, on 13th February 2009 the appeal was dismissed for want of prosecution. Thereafter, on 13th May, 2013 the appellant filed an application in the High Court seeking reinstatement of the appeal. The grounds in support of the application were that, the appellant instructed the firm of Wandaka Gathaara and Co. Advocates to file an appeal against the decision of the subordinate court; the appeal was filed on 18th June, 1999; the appellant’s advocate was never served with the notice of the court's intention to dismiss the appeal. The appellant's advocate only discovered that the appeal was dismissed on 2nd April 2013 upon perusing the court file. The appellant maintained that she has always been ready and willing to prosecute the said appeal.
In opposing the application, the respondents filed re…