PITTY GATHIGIA BAARU & ANOR
V.
KENYA BUS SERVICES LIMITED & ANOR

RULING OF THE COURT

1. Before us is a Notice of Motion dated 13^th November 2018 brought under Rules 29, 42 (1) (20) and 43 (1) of the Rules of this Court seeking leave to adduce additional evidence by way of affidavit (and/or) as may be found suitable.

2. At the hearing of the application, learned counsel Mr. C. N. Kihara appeared for the applicants while learned counsel Mr. Alex Mola appeared for the respondents.

BACKGROUND FACTS

3. On or about 15^th September 1977, the 1^st applicant, Pitty Gathigia Baaru, was standing on a pavement along Ronald Ngala Street in Nairobi waiting for traffic to clear for her to cross the road. Suddenly, a bus owned by the 1^st respondent, Kenya Bus Services Limited also known as Stage Coach Bus International driven by the 2^nd respondent, Charles Obiero Ogola, climbed onto the pavement violently knocking her down whereby she sustained severe body injuries. As per the amended plaint dated 14^th May 2004, it is particularized that the 1^st applicant suffered a hea…