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…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, OMOLO & TUNOI, JJ.A) CIVIL APPLICATION NO. NAI 71 OF 1995 BETWEEN LAWRENCE ITUBE NGANGA PATRICK KINUTHIA NGANGA ..........................…

…RESPONDENT (Application for striking out a notice of appeal filed on 13th July, 1994 in an intended appeal from the judgment of the High Court of Kenya (Mr. Justice A.B.…

…His name was omitted in the application Forms P&A 5 as a survivor of the deceased.…

…The issues raised in the said affidavits are as follows:- i) There is no valid application before the court as the application dated 20/8/99 is not validly endorsed by the applicant or his Advocate. ii) The application has…

…At the hearing of the application only the alternative prayer was pursued.…

…Indeed the bank guarantee for KShs. 2 million ordered pending inter partes hearing of the application for stay had expired at the time of hearing of the application.…

…In my view that does not apply to applications under Law of Succession Act(Cap.160).…

…He said the application is therefore misconceived. Mr.…

…Njoroge has said that he does not want costs of this application even if the said application is dismissed, there will be no orders as to costs. Dated this 24th day of April, 2002. J.M.…

…The application is supported by the applicants’ affidavit. In the relevant paragraphs, she states that.…

…NAIROBI/BLOCK 263/1163, in Nairobi pending the hearing and determination of the Application and Petition. f. The costs of this Application be provided for. 2.…

…Whether the Petitioner/Applicant is entitled to the orders sought in the application. b. Who shall bear the costs of the application? Analysis and Determination A.…

…EXECUTOR/RESPONDENT R U L I N G Although in this summons dated 19th September 2002 the Respondent, Frasia Wanjiku Kariuki, was served and has failed to come up to oppose the application requiring rectification or amendment…

…She had filed an application in Court for separation but the same had not been disposed by the date of death. She further left home barely a week after the burial.…