[2018] KEHC 5870 (KLR)

[2018] KEHC 5870 (KLR)

The court found that the applicants had satisfactorily explained the delay in filing suit, attributing it to the patient's ongoing vegetative state and the applicants' continuous care and hope for recovery. The cause of action was clearly founded on the tort of negligence, and the application was properly brought under the relevant provisions of the Civil Procedure Rules and the Limitation of Actions Act. The court held that the delay was not unreasonable given the circumstances, and that it was just and fair to grant leave to file the suit out of time. The applicants had met the threshold for extension of time as set out in statute and case law, and no prejudice to the respondent was...

Citation
[2018] KEHC 5870 (KLR)
Parties
Applicant: Arthur Sisa Mukusa & Brigitte Landjakiye (as legal guardians of Ellie Intumwa Mukusa); Respondent: Aga Khan Health Services Kenya Company Limited trading as Aga Khan University Hospital Nairobi
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
7 June 2018
Case Number
Miscellaneous Application 811 of 2017
Procedural Posture
Miscellaneous Application / Ruling on Ex Parte Application for Leave to File Suit Out of Time
Outcome
application granted
Judges
LM Njuguna
Legal Topics
Extension of Limitation Period, Medical Negligence, Personal Injury Claims
Source Language
English
Civil Procedure Tort Law Extension of Limitation Period Medical Negligence Personal Injury Claims

Case Brief

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Parties

Arthur Sisa Mukusa & Brigitte Landjakiye (as legal guardians of Ellie Intumwa Mukusa)

Applicant

Aga Khan Health Services Kenya Company Limited trading as Aga Khan University Hospital Nairobi

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Ex Parte Application for Leave to File Suit Out of Time

Legal Issues

  1. 1 Whether the applicants have established sufficient cause for extension of time to file a suit out of time for damages arising from alleged medical negligence.
  2. 2 Whether the delay in filing the suit is reasonable and justified under section 27 of the Limitation of Actions Act.

Ratio Decidendi

The court found that the applicants had satisfactorily explained the delay in filing suit, attributing it to the patient's ongoing vegetative state and the applicants' continuous care and hope for recovery. The cause of action was clearly founded on the tort of negligence, and the application was properly brought under the relevant provisions of the Civil Procedure Rules and the Limitation of Actions Act. The court held that the delay was not unreasonable given the circumstances, and that it was just and fair to grant leave to file the suit out of time. The applicants had met the threshold for extension of time as set out in statute and case law, and no prejudice to the respondent was...

Court Disposition

application granted

Orders

  • Leave is granted to the applicants to file suit out of time as prayed in the application dated 19th December, 2017.
  • The suit must be filed within 21 days from the date of this ruling.