Fredrick Mwangi Njuguna v East African Growers Ltd [2015] KEHC 5151 (KLR)

Facts

The appellant sued the respondent for special damages resulting from a road traffic accident on 24th March, 2006. The appellant claimed his vehicle (Registration No. KWC 929) was damaged in the accident involving the respondent's vehicle (Registration No. KAT 087 N). The Chief Magistrates' Court dismissed the appellant's suit due to a lack of proof of ownership of the appellant's vehicle.

Issues

1. Whether the appellant's appeal was properly filed within the statutory time limit
2. Whether the appellant's appeal was properly supported with the requisite documents

Reasoning

The court held that the appellant's appeal was fatally defective because he did not file the decree appealed against within the statutory time limit and did not obtain a certificate of delay. The court relied on section 79G of the Civil Procedure Act and Order 42 Rule 13(4) of the Civil Procedure Rules.

Outcome

Appeal struck out

Authorities cited