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|Case Number:||Civil Application Nai. 388 of 2001|
|Parties:||Beth Nyambura Kimani v Joyce Nyakinyua Kimani|
|Date Delivered:||04 Nov 2002|
|Court:||Court of Appeal at Nairobi|
|Judge(s):||Abdulrasul Ahmed Lakha|
|Citation:||Beth Nyambura Kimani v Joyce Nyakinyua Kimani  eKLR|
|Case History:||(Application for Leave to Appeal out of time in an intended appeal from a Judgment of the High Court of Kenya at Nairobi (Hon. Mr. Justice Githinji) dated 12th day October, 1988 in H.C.SUCC. CAUSE NO. 130 OF 1993)|
|Parties Profile:||Individual v Individual|
|History Docket No:||130 of 1993|
|History Judges:||Erastus Mwaniki Githinji|
|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
(CORAM: LAKHA, J.A. (IN CHAMBERS))
CIVIL APPLICATION NO. NAI. 388 OF 2001
BETH NYAMBURA KIMANI ........................................APPLICANT
JOYCE NYAKINYUA KIMANI ...................................RESPONDENT
(Application for Leave to Appeal out of time in an intended
appeal from a Judgment of the High Court of Kenya at
Nairobi (Hon. Mr. Justice Githinji) dated 12th day
H.C.SUCC. CAUSE NO. 130 OF 1993)
R U L I N G
Section 50 of Succession Act does not apply as this matter did not originate in the Magistrate's Court and the decision intended to be appealed against is not of the High Court. I am persuaded that this is a fit and proper case for the exercise of my discretion. Accordingly I grant the application. Notice of Appeal within 10 days from today and record within 45 days thereafter. Costs to abide the appeal.
Made at Nairobi this 4th day of November, 2002.
JUDGE OF APPEAL
I certify that this is a
true copy of the original.