Case Metadata |
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Case Number: | Civil Application Nai. 345 of 2002 |
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Parties: | Diana Wanjiru Munyi v Gladys Wanjiru Munyi |
Date Delivered: | 07 Apr 2003 |
Case Class: | Civil |
Court: | Court of Appeal at Nairobi |
Case Action: | Ruling |
Judge(s): | Abdulrasul Ahmed Lakha, Richard Otieno Kwach, Moijo Matayia Ole Keiwua |
Citation: | Diana Wanjiru Munyi v Gladys Wanjiru Munyi [2003] eKLR |
Court Division: | Civil |
Parties Profile: | Individual v Individual |
County: | Nairobi |
Case Outcome: | Application Allowed |
Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: KWACH, LAKHA & KEIWUA, JJ.A.)
CIVIL APPLICATION NO. NAI. 345 OF 2002
IN THE MATTER OF THE ESTATE OF THE LATE JULIUS MUNYI KAARA
BETWEEN
DIANA WANJIRU MUNYI ........................................... APPLICANT
AND
GLADYS WANJIRU MUNYI .................................. RESPONDENT
RULING OF THE COURT
This is an application made under rule 80 of the Rules of this Court seeking to strike out a Notice of Appeal lodged on 26 July 2000 from the judgment of the superior court (Mulwa, J.) given on 14 July 2000 .
The respondent's advocates were duly notified on 11 January 2002 that copies of the proceedings were ready thus making the 15th of March 2002 as the last day for filing the appeal. Yet no appeal was filed by that date. Nor has one been filed todate. Instead, an application was made on 14 March 2003 for an extension of time.
We are not persuaded that there is any good reason why the applicant's application to strike out should not be granted. Accordingly the application to strike out the notice of appeal succeeds. It is granted as prayed with costs.
Made at Nairobi this 7th day of April, 2003
R.O. KWACH
..................
JUDGE OF APPEAL
A.A. LAKHA
..................
JUDGE OF APPEAL
M. KEIWUA
................
JUDGE OF APPEAL
I certify that this is a
true copy of the original.
DEPUTY REGISTRAR