REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI FAMILY DIVISION MISC. APPLICATION NO. 93 OF 2016 IN THE MATTER OF: THE ADVOCATE ACT CAP 16, LAWS OF KENYA AND IN THE MATTER OF: TAXATION OF COSTS BETWEEN ADVOCATE & CLIENT BETWEEN THOMAS K’BAHATI T/A K’BAHATI & CO. ADVOCATES....ADVOCATE/APPLICANT VERSUS LIZZIE MUTHONI WANYOIKE IN THE MATTER OF THE ESTATE OF TERESIA KABURA KAMAU ARISING FROM SUCCESSION CAUSE NO. 64 OF 2010 IN THE MATTER OF THE ESTATE OF JOSPHAT MBURU WANYOIKE (DECEASED) RULING 1. Before court is an application dated 2 nd of May 2018 filed in court on 3 rd of May 2018, seeking for leave to appeal against the ruling and order made by this court on 20th April 2018. 2. Order 43 Rule 1(3) of the Civil Procedure Rules requires such an application if not orally made at the time the order is issued the same be made within 14 days. 3. The application which remains undefended seeks leave to file an appeal and indeed leave to appeal ought not to be denied ordinarily as the same is constitutionally granted. 4. Consequently, therefore leave be and is hereby granted. Appeal be filed within the next 30 days. 5. And since application is undefended there will be no order as to costs. DATED, SIGNED and DELIVERED at NAIROBI this 31ST DAY OF JANUARY, 2019. ..................... ALI-ARONI JUDGE
Original judgment
Thomas K’bahati T/A K’bahati & Co. Advocates v Lizzie Muthoni Wanyoike
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