Francis James Ndegwa v Elizabeth Njai Wahome & 5 others [2021] KECA 502 (KLR)
- Court
- Court of Appeal
- Case number
- 502
- Citation
- [2021] KECA 502 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time to file and serve Memorandum of appeal and record of appeal out of timeCoramASIKE-MAKHANDIA
Holding
The application is dismissed with no order as to costs due to the applicant not having applied for leave to appeal within 14 days from the date of the decision he intended to appeal against.
Facts
The applicant Francis James Ndegwa is the first born of the deceased, Crispin Wahome Ndegwa. The deceased's estate consisted of three properties: Thegenge/Karia/288, Naromoru Block 2/Muriru/920, and SWT/41. The high court gave the applicant only 0.45 acres, while the other siblings received 4.45 acres.
Issues
- Whether the applicant is entitled to equal share of the deceased's estate
- Whether the distribution by the high court was fair and lawful
Reasoning
The applicant did not apply for leave to appeal within the prescribed time, and the court dismissed the application as incompetent.
Outcome
Application dismissed
Authorities cited
Cases cited (3)
- Law of Succession Act
- Rule 39 of Court of Appeal Rules
- Rhoda Wairimu Karanja & Another v Mary Wangui Karanja & Another [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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