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(2003) JELR 99918 (CA)

Court of Appeal  •  Civil Appeal 7 of 2000  •  16 May 2003  •  Kenya

Amrittal Bhagwanji Shah, Philip Kiptoo Tunoi, Moijo Matayia Ole Keiwua



This is an appeal from the ruling of the High Court of Kenya at Meru (G A Omwista, Esq Commissioner of Assize) given on 9th November, 1999, whereby the Court dismissed an application to extend time within which to lodge an appeal against the judgment of the Senior Resident Magistrate at Meru in CMCC No 1097 of 1997.

By a plaint dated 20th June, 1994, originally filed in the Superior Court, the respondent sued the appellant and two others for special and general damages arising out of a road traffic accident in which her husband was fatally injured. She instituted the suit on her own behalf and in her capacity as the legal representative of his estate.

Though the appellant filed a written statement of defence, it showed a lamentable lack of interest in the trial of the suit and was absent at almost all stages of the trial. For example, on 15th August, 1998 after the respondent had closed her case, the appellant’s counsel sought adjournment to another date so as to enable him to m…

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