Mercy Muthoni & another v Mercy Muthoni & another [2020] KECA 888 (KLR)
- Court
- Court of Appeal
- Case number
- 888
- Citation
- [2020] KECA 888 (KLR)
- Decided
- 7 February 2020
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the High Court judgmentCoramW. Ouko, S. ole KANTAI
Holding
The appeal is struck out as no valid notice of appeal was filed within the required time frame.
Facts
The deceased, Maxwel Kinyanjui Miringu, died on January 24, 2012. His widow, Rosemary Alice Kinyanjui, and daughter, Nancy Muthoni Kiromo, filed a petition for probate. The respondents, Mercy Muthoni Kiromo and her son Miringu Kinyanjui, objected to the grant of probate.
Issues
- Validity of the notice of appeal
- Time limit for filing an appeal
Reasoning
The court found that the notice of appeal was not filed within 14 days of the judgment, as required by the rules, and that no application for extension of time was made.
Outcome
The appeal is dismissed and the record of appeal is struck out.
Orders
- The appeal is dismissed
- The record of appeal is struck out
Authorities cited
Cases cited (2)
- Teachers Service Commission v. Simon P. Kamau & 19 Others [2015] eKLR
- Nicholas Kiptoo Arap Korir Salat v. Independent Electoral and Boundaries Commission & 7 Others Sup. Ct. Application No. 16 of 2014
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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