JIMCAB SERVICES LIMITED V. BARTHOLOMEW BERNARD OSODO & JACOB OTIENO (SUING AS THE ADMINISTRATORS OF THE ESTATE OF RICHARD OMONDI ODHIAMBO (DECEASED)

RULING OF THE COURT

1. This is a reference from a decision of a single Judge to the full Court under Rule 55(1) (b) of the Court of Appeal Rules. The applicant seeks a reversal of the decision of Nambuye, JA given on 9^th November 2018 rejecting its application dated 24^th May 2018 and filed on 25^th May 2018 seeking extension of time, under Rule 4 of the Rules of the Court, within which to lodge its record of appeal.

2. The background, in brief, is that following a road traffic accident on 10^th October 2005 along Juja Road, Nairobi in which Richard Omondi Odhiambo, deceased, was knocked down by a motor vehicle registered in the name of the applicant, the respondents, as the administrators of the estate of the deceased instituted a suit in the High Court against the applicant seeking damages under the Law Reform Act and the Fatal Accidents Act. In a judgement delivered on 19^th February 2016, the High Court (Sergon, J.) awarded Kshs.3,214,055.00 to the respondents comprising of special dama…