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ZUHURA WANGARE OMAR
V.
MARIAM NJOKI CHEGE

(2023) JELR 111617 (CA)

Court of Appeal 6 Oct 2023 Kenya
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Case Details

Suit Number:CIVIL APPEAL (APPLICATION) NO. 385 OF 2018
Judges:S. OLE KANTAI, JA. (IN CHAMBERS)
Location:Nairobi

RULING

The applicant, Fatuma Waithira Kamandura has brought a  Motion under the old rule 99 sub rule 2 and 3 (this is currently rule  102 of The Court of Appeal Rules, 2022) and Section 3A and 3B of the Appellate Jurisdiction Act praying that she, being the legal  representative of the deceased appellant Zuhura Wangari Omari alias Zuhura Wangare Kamandura be made a party to the appeal in  place of the deceased appellant. She also prays that the appeal be  revived. In grounds in support of the Motion and in a supporting  affidavit she says that the deceased (appellant) died on 25th May,  2020 during the COVID-19 period when Court operations had been  suspended; that she petitioned for grant of letters of administration  on 22nd January, 2021 but that petition was filed in the wrong court;  that a petition was later filed in the correct court and a grant of letters  of administration was eventually made on 25th April, 2023 but the  appeal had abated on 25th May, 2021. Further, that delay…

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