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HELLEN CHERUTO & ANOR
V.
SISILIA MWIKALI KIRWA

(2018) JELR 97418 (SC)

Supreme Court 8 Nov 2018 Kenya
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Case Details

Suit Number:Civil Application 1 of 2017
Judges:Isaac Lenaola, Mohammed Khadhar Ibrahim, Philomena Mbete Mwilu, Smokin C Wanjala, Susanna Njoki Ndungu
Other Citations:Hellen Cheruto & another v. Sisilia Mwikali Kirwa [2018] eKLR

RULING OF THE COURT

A. INTRODUCTION

[1] The Applicants filed their application to this Court on 18th 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 26th 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 27th March, 2009 and confirmation on 16th November, 2o10. By an application dated 4th 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…

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