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Nuru Badi Said v. Okumu Paul & Bernard Odhiambo Okumu

(2020) JELR 95150 (CA)

Court of Appeal  •  Civil Application 13 of 2020  •  18 Dec 2020  •  Kenya

Coram
Martha Karambu Koome, Daniel Kiio Musinga, Stephen Gatembu Kairu

Judgement

RULING OF THE COURT

1. Before us is an application dated 27th January 2020 made under Rules 82, 83 and 84 of the Court of Appeal Rules seeking an order that the respondents’ Notice of Appeal dated 24th May 2019 and filed in Court on the same date be struck out.

2. The background in brief: On 31st May 2014, Nuru Badi Said, the applicant, was walking along Kisumu-Ahero Road when she was knocked down by a motor vehicle owned by the 2nd respondent and driven by the 1st respondent. As a result, she sustained serious injuries following which she filed suit against the respondents before the High Court at Kisumu. In a judgment delivered on 16th May 2019 by Cherere, J. found the respondents liable and awarded the applicant general and special damages in the amount of Kshs.16,268,132.50. Aggrieved by the judgment, the applicants lodged the Notice of Appeal on 24th May 2019 which is the subject of the present application to strike it out.

3. In her affidavit in support of the application, the appl…

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