RULING
In this application, the applicant David Kipkurui Tenai seeks leave to file a record of appeal out of time.
Briefly, the background to the application is that the respondent employed the applicant as a driver. On 21st September 2005 the applicant was driving the respondent’s vehicle along Nakuru-Eldoret road when it was involved in an accident. The applicant asserted that the brakes of the vehicle failed causing it to run into another motor vehicle. As a result the applicant sustained serious injuries. The applicant contended that the respondent was negligent in providing him with a defective vehicle and for failing to provide him with a safe system of work. That is the basis on which he instituted suit against the respondent in Eldoret High Court Civil Suit No. 170 of 2007.
In its Judgment delivered on 25th October 2011, the High Court (J. R. Karanja, J) dismissed the applicant’s suit on the grounds that the applicant failed, on a balance of probabilities, to prove that the respo…