JUDGMENT OF THE COURT
This is an appeal from the ruling of the superior court (Aganyanya J) dated 11th June, 2002 wherein the learned Judge dismissed the appellant’s application for the reinstatement of the High Court Civil Appeal No. 270 of 1994 which appeal was dismissed by the superior court on 6th August, 2002 for want of prosecution under Order XLI Rule 31 (2) Civil Procedure Rules.
The appeal which was dismissed by the superior court was against the order of the Resident Magistrate, Thika, referring the dispute on the distribution of the estate of Rachel Muthoni Njathi to the District Officer (DO) and elders for determination and the subsequent order dismissing the application to set aside the decision of the D.O. and the elders.
The appellant is the son of Miriam Wairimu who was the daughter of Rachel Muthoni Njathi who died intestate. She was survived by Wanjiru Njoroge (deceased) – mother of Njathi Njoroge (1st respondent); Ruth Waithera (2nd respondent) and Njoki Kariuki (3rd r…