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 the appellant special damages. However some heads of damages claimed by the appellant were dismissed. The appellant being aggrieved filed a notice of appeal and on 27th August, 2008 filed the present appeal which in essence seeks the enhancement of general damages. The record of appeal was served on the advocates for the respondents on 29th August, 2008. By rule 80 of the Rules an application to strike out a notice of appeal or appea…