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In re Estate of Joseph Muoki Ndivo

(2020) JELR 101506 (CA)

Court of Appeal 24 Jan 2020 Kenya
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Case Details

Suit Number:Civil Application 257 of 2019
Judges:Jamila Mohammed
Location:Nairobi
Other Citations:In re Estate of Joseph Muoki Ndivo (Deceased) [2020] eKLR

RULING

BACKGROUND

1. This is an application by way of Notice of Motion dated 31st July, 2019 brought under Rule 4 of the Court of Appeal Rules (the Court Rules) in which the Teresia Kalee Ndivo (the 1st applicant) and Teresia Kanini Ndivo (the 2nd applicant) seek orders inter alia: for an extension of time within which to file and serve the notice of appeal against the decision of the High Court (Musyoka J.) dated 10th May 2019.

2. The application is based on the grounds in the body of the application, the supporting affidavit sworn by the 1st applicant. Irene Nthenya Mutune (the respondent), is the widow of Joseph Muoki Ndivo (deceased) who was the son and brother of the 1st and 2nd applicants respectively.

3. The application is anchored on grounds that the applicants intend to file an appeal against the judgment of the High Court and that the delay in filing the appeal was wholly attributable to the applicants’ previous advocates; that the mistakes of counsel should not be visited on th…

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