RICHARD KANYAGO, EXPRESS KENYA LIMITED & PETER KANYAGO V. DAVID MUKII MEREKA

RULING OF THE COURT

This is an application under rule 80 of the Court of Appeal Rules (the Rules), for an order striking out the Notice of Appeal and Record of Appeal in the present appeal.

The three appellants were defendants in High Court Civil Case No.78 of 2000, in which, David Mukii Mereka, the applicant, was the plaintiff. In that suit the applicant claimed special and general damages both under the Law Reform Act and the Fatal Accidents Act following fatal injuries which his son suffered in an accident involving motor vehicle registration No. KAD 211R then owned by Express Kenya Ltd jointly with Peter Kanyago, the 3rd appellant, but which was being driven by the Ist appellant with the consent of the third appellant.

The above suit came up for hearing on 18th September, 2000 before Osiemo J. But before the hearing commenced, the parties by consent recorded the following order:-

"By consent all the pleadings are amended by introducing PETER KANYAGO as the 3rd defendant as the owner o…