JOSEPH NGWELE NDUSWA V. AHMED ABUBAKER T/A BAJABER SERVICE STATION & SHADRACK KASOA MWANGI

R U L I N G

On 11th June, 1997, the superior court (Juma, J.) gave judgment in favour of Joseph Ngwele Nduswa, (the applicant) in which a sum of Kshs.5000/= by way of general damages and Kshs.130/= as special damages was awarded to him in a claim based on negligence. The respondents, Ahmed Abubaker and Shadrack Kasoa Mwangi, were the defendants in that action to wit Nairobi High Court Civil Case No. 3009 of 1989. The applicant was dismayed by the paucity of the damages, and on 12th June, 1997, he lodged a notice of appeal declaring his intention of appealing against the whole decision.

Under rule 76(1) of the Court of Appeal Rules a notice of appeal must be served within seven days after its lodgment in court on all persons directly affected by the intended appeal. The applicant did not comply with the mandatory requirement of the aforesaid rule, and has now applied under rule 4 of the aforesaid rules for an order extending the time within which to serve the notice of appeal. Besides, t…