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SIMON KABURU
V.
JANE NKUENE KIRIMA

(2008) JELR 95947 (CA)

Court of Appeal 31 Oct 2008 Kenya
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Case Details

Suit Number:Civil Appli 47 of 2008
Judges:Erastus Mwaniki Githinji
Location:Nyeri
Other Citations:Simon Kaburu v. Jane Nkuene Kirima[2008] eKLR

RULING

The applicant Simon Kaburu seeks extension of time under Rule 4 of the Court of Appeal Rules for:-

(i) filing and serving a notice of appeal and for

(ii) filing and serving the record of appeal.

The applicant intends to file an appeal against the ruling of the superior court at Meru (Lenaola, J) delivered on 24th July 2007 whereby the superior court declared the respondent as the sole heir of land parcel No. Igoji/Kinoro/845 which formed part of the estate of Kirima M’Mungania (deceased). The superior court granted letters of administration jointly to the applicant as a son of the deceased and the respondent as 2nd widow of the deceased. Thereafter the court considered the dispute on the distribution of the estate. Initially the applicant had disputed that the respondent was a 2nd widow of his deceased father but the superior court made a finding that she was indeed the 2nd widow of the deceased. That fact is not disputed by the applicant as he disposes in the supporting affidavit …

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