[2004] KEHC 663 (KLR)
The court found that the applicant failed to provide sufficient cause for the enlargement of time to file suit out of time. The alleged misplacement of documents by the advocate was not supported by an affidavit from the advocate, and the court was not satisfied that the documents could have remained misplaced for...
Source-derived case information.
- Citation
- [2004] KEHC 663 (KLR)
- Parties
- Applicant: Annah Chesiele Biegon; Respondent: Javer Rehamatah
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- ? 176 of 2004
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application rejected
- Legal Topics
- Extension of Time, Limitation Periods, Accident Claims
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Annah Chesiele Biegon
Applicant
Javer Rehamatah
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the applicant has provided sufficient cause for the enlargement of time to file suit out of time.
- 2 Whether the alleged misplacement of documents by the advocate constitutes a valid ground for extension.
Ratio Decidendi
The court found that the applicant failed to provide sufficient cause for the enlargement of time to file suit out of time. The alleged misplacement of documents by the advocate was not supported by an affidavit from the advocate, and the court was not satisfied that the documents could have remained misplaced for over 10 years. The delay was deemed excessive and unexplained, and the requirements for extension of time under the Limitation of Actions Act were not met. Consequently, the application was rejected.
Court Disposition
application rejected
Orders
- The application for enlargement of time to file suit out of time is rejected.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
HIGH COURT OF KENYA AT KISII
MISC CIVIL APPLICATION 176 OF 2004
ANNAH CHESIELE BIEGON ………………………PLAINTIFF/APPLICANT
(suing as personal representative of
PAUL KIMUTAI BIEGON)
VERSUS
JAVER REHAMATAH ………………………………DEFENDANT/RESPONDENT
RULING:
The applicant seeks court to enlarge time to allow him to file suit out of time. He was involved in an accident on 8/5/94. Suit should have been filed within 3 years. He depones that supporting documents were misplaced in the Advocates office. However that fact has not been deponed to by the advocate. It is the advocate who is alleged to have misplaced the documents. He should have sworn an affidavit to state that. The accident occurred over 10 years ago. I am not satisfied that the documents have remained misplaced that long. The application is therefore rejected.
KABURU BAUNI
AG. JUDGE
23/11/04