Dorcas Ajwang Adede v Rukia Ahamed Farah & Eric O. Adede [2001] KECA 226 (KLR)

IN THE COURT OF APPEAL

AT NAIROBI

CORAM: SHAH, J.A. (IN CHAMBERS)

CIVIL APPLICATION NO. NAI. 57 OF 2001 (35/2001)

BETWEEN

DORCAS AJWANG ADEDE...................................APPLICANT

AND

RUKIA AHAMED FARAH

ERIC O. ADEDE....................................................RESPONDENT

(An application for extension of time to file a requisite application for leave to appeal from the Ruling of the High Court of Kenya (Ang'awa, J) dated 5th December, 2000

in

H.C.SUCCESSION CAUSE NO. 721 OF 2000) *************************

R U L I N G

I am satisfied that the delay in not lodging the application for leave to appeal is not inordinate. The applicant is an aged lady and I accept that she may have had difficulties in obtaining funds to meet the costs of lodging an appeal or application. In view of all circumstances narrated in Mr. Kajwang's affidavit, which I accept, I grant the application as prayed in prayer of 1 of the applications dated 2nd March, 2001. I make no order as to costs. I direct that the application in question be lodged within the next 10 days.

Dated and delivered at Nairobi this 21st day of March, 2001.

A.B. SHAH ............... JUDGE OF APPEAL

I certify that this is a true copy of the original.

DEPUTY REGISTRAR.