[2012] KEHC 3265 (KLR)
The court found that the applicant had satisfactorily explained the reason for the delay in filing the suit for compensation. In exercise of its discretion under the Limitation of Actions Act, the court granted leave to the applicant to file the suit out of time, directing that the suit be filed within 45 days from...
Source-derived case information.
- Citation
- [2012] KEHC 3265 (KLR)
- Parties
- Applicant: Agnes Wanjiru Njogu; Respondent: Nelson Mbogo Kinyua
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Civil Application 27 of 2012
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to File Suit Out of Time
- Outcome
- application allowed
- Legal Topics
- Limitation of Actions, Leave to File Out of Time, Estate Claims
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Agnes Wanjiru Njogu
Applicant
Nelson Mbogo Kinyua
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to File Suit Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to file a suit for compensation out of time under the Limitation of Actions Act.
Ratio Decidendi
The court found that the applicant had satisfactorily explained the reason for the delay in filing the suit for compensation. In exercise of its discretion under the Limitation of Actions Act, the court granted leave to the applicant to file the suit out of time, directing that the suit be filed within 45 days from the date of the ruling.
Court Disposition
application allowed
Orders
- Leave is granted to the applicant to file suit for compensation out of time.
- The suit must be filed within 45 days from the date of this ruling.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT
AT EMBU
Civil Application 27 of 2012
IN THE MATTER OF LIMITATION OF ACTIONS ACT
AND
IN THE MATTER TO FILE SUIT OUT OF TIME
AND
IN THE MATER OF THE ESTATE OF JOSEPH NJOGU GITHAIGA
BETWEEN
AGNES WANJIRU NJOGU..……………………..……..……………….APPLICANT
VERSUS
NELSON MBOGO KINYUA………………RESPONDENT/INTENDED DEFENDANT
R U L I N G
This is the application dated 21/2/2012 for leave to file a suit for compensation out of time. The Applicant is the wife of the deceased. She has satisfactorily explained the reason why she had not been able to file the suit on time.
I therefore grant the Leave sought and direct that the suit should be filed within 45 days from today.
DELIVERED, SIGNED AND DATED AT EMBU THIS 18TH DAY OF JUNE 2012.
H.I. ONG’UDI
JUDGE
In the presence of:-
Mr. Okwaro for Applicant
Njue CC