Cherangani Hills Limited & 1 other v Miriam Chetech Rashid & 1 other

Cherangani Hills Limited & another v Rashid & another (Suing as the Personal Representatives of the Estate of Njinrius Mwangi Ng’ang’a - Deceased) (Civil Appeal E003 of 2022) [2024] KEHC 1347 (KLR) (17 January 2024) (Ruling) Neutral citation: [2024] KEHC 1347 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KAPENGURIA CIVIL APPEAL E003 OF 2022 AC MRIMA, J JANUARY 17, 2024 BETWEEN CHERANGANI HILLS LIMITED ................................................... 1ST APPELLANT JOHN KIMTAI KIBOI ..................................................................... 2ND APPELLANT AND MIRIAM CHETECH RASHID .................................................... 1ST RESPONDENT PATRICK GITHONGOTHI NG’ANG’A .................................... 2ND RESPONDENT SUING AS THE PERSONAL REPRESENTATIVES OF THE ESTATE OF NJINRIUS MWANGI NG’ANG’A - DECEASED RULING 1. This ruling relates to a Notice of Motion dated 10th July, 2023. The application was taken out by the Respondents. It sought to review the judgment of this Court rendered on 31st May, 2023. 2. The reason for the application was that this Court did not address the issue of funeral expenses which had been granted by the trial Court and was subject of the appeal. 3. Parties filed submissions on the application. 4. The Respondents did not oppose the application. They, however, prayed that the funeral expenses be subjected to the 50% liability as found on appeal. 5. The application is duly considered. Since the funeral expenses were allowed by the trial Court and were subject of the appeal, it goes without say that such be allowed subject to 50% contribution. 6. Therefore, the application is hereby merited in the following terms: - https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/1347/eng@2024-01-17 1

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