FAKIR MOHAMED V. JOSEPH MUGAMBI, WILSON MWONGERA & HENRY STEPHANO KITHINJI

RULING

This is an application made under Rule 4 of this Court’s rules (“the Rules”) for extension of time to file a record of appeal out of time. The appeal intended to be filed is against the judgment of the superior court in Meru (Kasanga Mulwa J) delivered on 02.10.03 in what is commonly known as “running down” or “road traffic accident” Case. The cause of action arose some 17 years ago on 02.01.1988. It is intended to challenge the quantum of damages awarded by the superior court in the sum of Shs.708,940/=, since the issue of liability was compromised by consent of the parties.

The grounds for seeking the extension are stated on the face of the application as follows: -

“a. Judgment was delivered on 2nd October, 2003.

b. The applicant was not aware of the judgment until the 24th October, 2003 and did not get confirmation of the judgment until 24th October, 2003.

c. The applicant therefore had insufficient time to file the appeal or to apply for the proceedings within the time stipulat…