Gichero Kibanya & 2 others v Peter Kibanya Gichero & another [2021] KECA 500 (KLR)
- Court
- Court of Appeal
- Case number
- 500
- Citation
- [2021] KECA 500 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for leave to file and serve the record of appeal out of timeCoramHANNAH OKWENGU
Holding
The Court allows the application for leave to file and serve the record of appeal out of time and grants the applicants' day in court.
Facts
The applicants were protestors in a succession cause where the respondents applied for confirmation of the grant for the estate of Kibanya Gichero (deceased). The learned Judge confirmed the grant and distributed the estate.
Issues
- application of the doctrine of 'jus accrescendi' in succession matters
- redistribution of an estate that had already been distributed by another competent court
Reasoning
The applicants explained the delay caused by the Covid-19 pandemic and demonstrated they were ready to file the appeal. The Court found the delay not inordinate and appropriate to allow the appeal.
Outcome
The Court allows the application for leave to file and serve the record of appeal out of time.
Orders
- leave to file and serve the record of appeal out of time granted
- the appeal deemed as properly and duly filed
Remedies
- the applicants can have their day in court
Authorities cited
Cases cited (2)
- Fakir Mohammed vs Joseph Mugambi & 2 others [2005] eKLR
- Nicholas Kiptoo Arap Korir vs IEBC [2014] eKLR
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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