MAINA MURIUKI
V.
HEZRON MURANGA MURIUKI & 8 OTHERS

RULING OF THE COURT

By way of a Notice of Motion dated 8^th April, 2011 and brought pursuant to Rule 4 of the Court of Appeal Rules (the Rules) the applicant seeks:-

• Leave to file and serve a notice of appeal, memorandum of appeal and record of appeal out of time; and
• Costs of the application.

The intended appeal emanates from the Ruling of Sergon, J. in

Succession Cause No. 1141 of 2009 the effect of which was to grant the applicant and the respondents herein equal portions of all that parcel of land known as L.R. No. KONYU/GACHUKU/205 (hereinafter referred to as the suit land). The said parcel of land was the only asset of the Estate of MURIUKI KAGO alias MURIUKI S/O KAGO (hereinafter referred to as the deceased) who was the father to the applicant and the respondents.

At the outset, the applicant had taken out summons for confirmation

of grant dated 10^th February, 2011 only for the first respondent to file an affidavit in protest on behalf of his co-respondents. The point of divergence bet…