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MWANIKI NKOROGE KAMAU & ANOTHER V. LEE SHEH POONG

(1998) JELR 104496 (CA)

Court of Appeal  •  Civil Appli No.55 of 1998  •  3 Apr 1998  •  Kenya

Coram
Abdulrasul Ahmed Lakha JA

Judgement
<p class="ql-align-center">RULING</p><p class="ql-align-justify">This application raises yet again the question as to what is the principle underlying the exercise of this Court&#x27;s discretion when an extension of time is sought under rule 4 of the Rules of this Court.</p><p class="ql-align-justify">The plaintiff (respondent) sued the two defendants (applicants) to recover damages under the Fatal Accidents Act (Cap. 32) as well as the Law Reform (Miscellaneous Provisions) Act, (Cap. 26) arising from the death of his wife who died due to injuries suffered in a road traffic accident on April 25, 1995, involving motor vehicles KZR 458 and KAD 429Y. The second applicant was at the material time the registered proprietor of motor vehicle KZA 458 while the first applicant was at the material time, the driver of the said motor vehicle in his capacity as the second applicant&#x27;s agent. Motor vehicle registration number KAD 429Y belonged to the deceased and she was at the material time, a passenger on the said motor vehicle.</p><p class="ql-align-justify">After a full hearing, judgment by the superior court was delive…</p>

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