IN THE COURT OF APPEAL
AT NAIROBI
CIVIL APPEAL (APPLICATION) NO. 177 OF 2008
SAMEER JETHWA.............................APPELLANT/RESPONDENT
AND
1. FRANCESCO DI NELLO
2. SACHA FRANCESCA.................RESPONDENTS/APPLICANTS
(An application for enlargement of time within which to file and serve a notice of motion
application seeking to strike out the record of appeal filed on 26th August, 2008
In
H.C.C.C. No. 681 of 1997)
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R U L I N G
This is an application under rule 4 of the Court of Appeal Rules (Rules) for extension of time for filing and serving an application under rule 80 of the Rules for striking out the record of appeal. The present application is made by the two respondents in Civil Appeal No. 177 of 2008.
Sameer Jethwa, the appellant filed a suit in the superior court against the two respondents/applicants claiming general and special damages for injuries sustained in a road traffic accident.
The superior court found the respondents liable for negligence and awarded th…