HELLEN CHERUTO & ANOR
V.
SISILIA MWIKALI KIRWA

RULING OF THE COURT

A. INTRODUCTION

[1] The Applicants filed their application to this Court on 18^th January, 2017 September, 2014, seeking Orders as follows:

i. That the time within which the applicant ought to have lodged and served the Notice of Appeal be extended and/or enlarged.

ii. That the time for lodging the memorandum and record of appeal be extended.

iii. The costs of the application.

[2] A directive was issued on 26^th July, 2017 that the application would be determined by way of written submissions.

B. BACKGROUND

[3] The origin of the dispute in this matter is a succession suit before the High Court, Succession Cause No. 25 of 2009 which culminated in issuance of grant of letters of administration intestate to the respondent on 27^th March, 2009 and confirmation on 16^th November, 2o10. By an application dated 4^th March, 2011, the applicants objected to the grant on grounds that proceedings to obtain the same were defective in substance, that the grant was obtained and confirmed fra…