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Bernard Karuru Mbugua v. Asha Asiko Muhamudu

(2015) JELR 105714 (CA)

Court of Appeal  •  Civil Appeal 101 of 2006  •  27 Mar 2015  •  Kenya

Erastus Mwaniki Githinji, Roselyn Naliaka Nambuye, John Wycliffe Mwera



This is an appeal from the Ruling and Order of the High Court dismissing the appellant’s application for leave to lodge an appeal against the decision of the subordinate court out of time.

Sometime in August, 2012, the appellant filed a suit in the Chief Magistrate’s Court at Nairobi against the respondent – CMCC No.8071 of 2002, claiming special damages arising from damage to his motor vehicle registration No. KAK 170S when it collided with the respondent’s motor vehicle registration No.KZY 232 on 21st November, 1999 allegedly due to the negligence of the respondent or of the respondent’s driver. The subordinate court issued summons to enter appearance dated 11th October, 2002 to the respondent. However, the summons to enter appearance was not served on the respondent within the validity period of 12 months as stipulated by order v. Rule 1(1) – (now order 5 Rule 2(1) Civil Procedure Rules. (CPR).

By an application dated 13th October, 2003, the appellant applied for…

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