[2025] KEHC 9892 (KLR)
The court found that the application for leave to file a declaratory/repudiatory suit out of time was unopposed, as the respondent had been duly served but failed to respond. The supporting affidavit and evidence of service were considered sufficient to demonstrate merit in the application. Exercising its discretion...
Source-derived case information.
- Citation
- [2025] KEHC 9892 (KLR)
- Parties
- Applicant: Apa Insurance Company Ltd; Respondent: Farid Faraj Bukheit
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous E135 of 2025
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Application for Leave to File Suit Out of Time
- Outcome
- application allowed
- Judges
- MS Shariff
- Legal Topics
- Extension of Time, Leave to File Out of Time, Limitation Periods, Declaratory Suits
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Apa Insurance Company Ltd
Applicant
Farid Faraj Bukheit
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Application for Leave to File Suit Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to file a declaratory/repudiatory suit against the respondent outside the limitation period.
- 2 Whether the application, being unopposed, meets the threshold for grant of leave.
Ratio Decidendi
The court found that the application for leave to file a declaratory/repudiatory suit out of time was unopposed, as the respondent had been duly served but failed to respond. The supporting affidavit and evidence of service were considered sufficient to demonstrate merit in the application. Exercising its discretion under the Limitation of Actions Act, the court held that the applicant had established grounds for extension of time and granted leave accordingly, subject to the applicant bearing its own costs.
Court Disposition
application allowed
Orders
- The applicant, APA Insurance Company Ltd, is granted leave to file a declaratory/repudiatory suit against the respondent outside the limitation period within 7 days from the date hereof in respect of the accident on 12 October 2023 involving motor vehicle Registration No. KDB 608 Q/ZG 4753.
- The applicant shall meet its own costs of this application.
Full Case Text
Judgment text and source record
16 paragraphs
Apa Insurance Company Ltd v Bukheit (Civil Miscellaneous E135 of 2025) [2025] KEHC 9892 (KLR) (9 July 2025) (Ruling)
Neutral citation: [2025] KEHC 9892 (KLR)
Republic of Kenya
In the High Court at Bungoma
Civil Miscellaneous E135 of 2025
MS Shariff, J
July 9, 2025
Between
Apa Insurance Company Ltd
Applicant
and
Farid Faraj Bukheit
Respondent
Ruling
1. I have considered the Notice of Motion dated 26. 6.2025, the affidavit in support thereof sworn by Ruth Mbalelo on 19. 6.2025 and the enclosures attached thereto and I do note that the said application has not been opposed by the respondent, Farid Faraj Bukheit albeit served upon him on 1st July 2025 via Whatsapp through his mobile number 0722xxxxxx as evident from the affidavit of service sworn by Godfrey Livoywa Madekwa on 1st July 2025. I thus find that the application is well merited and I thus allow it and make the following orders:-i.The applicant APA insurance company Ltd is hereby granted leave to file a declaratory/repudiatory suit against the respondent outside the limitation period specifically within 7 days from the date thereof in respect of an accident which occurred on 12. 10. 2023 involving the respondent motor vehicle Registration No. KDB 608 Q/ZG 4753. ii.The applicant shall meet its own costs of this application.iii.This file is hereby marked as closed.
DELIVERED, SIGNED AND DATED AT BUNGOMA THIS 9TH DAY OF JULY 2025. M.S. SHARIFFJUDGE