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UDAYKUMAR CHANDULAL RAJANI,RUXMANI W/O CHANDULAL J. RAJANI,DIPAK CHANDULAL RAJANI & INUJ CHANDULAL RAJANI TRADING AS LIT PETROL STATION v. CHARLES THAITHI

(1997) JELR 94086 (CA)

Court of Appeal  •  civ app 85 of 96  •  29 May 1997  •  Kenya

Coram
Johnson Evan Gicheru, Philip Kiptoo Tunoi

Judgement

JUDGMENT OF THE COURT

This appeal by the defendants from the ruling of the superior court (Ringera, J.) delivered on 26th October, 1995 whereby it dismissed the defendants' preliminary objection raises a short but interesting question whether the court before the enactment of Legal Notice No. 5 of 1996 had power under Order v. rule 1 to extend the validity of summons beyond twenty-four months from the date of its issue.

By plaint dated 26th March, 1987 the plaintiff, the respondent herein, claimed special and general damages for personal injuries sustained by him as a result of a road accident which occurred on 7th March, 1985 along Limuru Road whilst he was travelling as a passenger in a motor vehicle registration number KQB 295 owned by the defendants and driven by their agent or servant. It is alleged in the plaint that the said motor vehicle overturned and caused severe injuries to the plaintiff due to the negligent manner in which it was driven. Summons to enter appearance to the s…

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