[2001] KEHC 756 (KLR)
The court lacks jurisdiction to extend the limitation period for filing a suit to enforce contractual rights, as the Limitation of Actions Act only permits such extension for personal injury claims. The applicant's reliance on equity and natural justice under Section 3A of the Civil Procedure Act does not confer...
Source-derived case information.
- Citation
- [2001] KEHC 756 (KLR)
- Parties
- Applicant: David Chege Mwangi; Defendant: University of Nairobi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 531 of 2001
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application dismissed
- Legal Topics
- Limitation Periods, Leave to File Out of Time, Employment Contracts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Chege Mwangi
Applicant
University of Nairobi
Defendant
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the court has jurisdiction to extend the limitation period for filing a suit to enforce contractual rights.
- 2 Whether the applicant is entitled to leave to file suit against the University of Nairobi out of time.
Ratio Decidendi
The court lacks jurisdiction to extend the limitation period for filing a suit to enforce contractual rights, as the Limitation of Actions Act only permits such extension for personal injury claims. The applicant's reliance on equity and natural justice under Section 3A of the Civil Procedure Act does not confer jurisdiction where none exists by statute. The proper course for the applicant is to file the suit and plead facts in the plaint to show why the limitation period should not apply, rather than seeking leave from the court to file out of time. Consequently, the application for leave is dismissed for want of jurisdiction.
Court Disposition
application dismissed
Orders
- The application for leave to file suit out of the limitation period is dismissed.
Full Case Text
Judgment text and source record
6 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MISC APPLICATION NO. 531 OF 2001 DAVID CHEGE MWANGI…………………………APPLICANT VERSUS UNIVERSITY OF NAIROBI………………………..DEFENDANT
RULING
This is an application for leave to file suit against the University of Nairobi out of the limitation period. According to draft plaint, the intended claim is for payment of allowance arising from a contract of employment.
The application is brought under S. 3A Civil Procedure Act Principles of equity Doctrine of Natural justice. So the application to succeed the applicant has to show that the court has jurisdiction to extend the limitation period. I know of no Law, which empowers court to extend limitation period to file a suit for enforcement of contractual rights. The only power court has is to extend limitation period under 27 and 28 of the Limitation of Action Act to file a suit to claim damages for personal injuries. The only alternative applicant has is to file the suit and plead facts in the plaint showing that the limitation period does not apply to his case. As I have no jurisdiction to grant orders sought, I dismiss the application.
Judge
4. 7.2001