Catherine Wawira Muriuki v Elizabeth Wangeci Mwai & 2 others [2021] KEHC 3693 (KLR)
- Court
- High Court of Kenya
- Case number
- 3693
- Citation
- [2021] KEHC 3693 (KLR)
- Decided
- 28 September 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeSuccessionPostureApplication for leave to file an appeal out of timeCoramL. NJUGUNA
Holding
The application is allowed, and the applicant is granted leave to appeal out of time.
Facts
Catherine Wawira Muriuki seeks leave to file an appeal out of time from the judgment in Embu Succession Cause No. 541 of 2017. She claims she was dissatisfied with the ruling of the lower court and has prepared her memorandum of appeal, but realized time for filing was over. She was sick and claims the appeal has high chances of success.
Issues
- Whether the appeal is arguable
- Whether the applicant is a direct beneficiary of the estate of the deceased
Reasoning
The court considers the appeal arguable and allows it, noting the applicant's intention to be heard on appeal and the explanation for the delay.
Outcome
The application is allowed, and the applicant is granted leave to appeal out of time.
Orders
- The appeal to be filed within 14 days from the date of this ruling failure to which the said leave shall automatically lapse
Remedies
- The applicant is granted leave to appeal out of time
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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