[2004] KEHC 2594 (KLR)
The court found that the delay of 18 months in filing the suit was occasioned by the late issuance of the Grant of representation and was not deliberate. Applying Section 27 of the Limitation of Actions Act, the court held that the circumstances justified the extension of time. The application was therefore allowed,...
Source-derived case information.
- Citation
- [2004] KEHC 2594 (KLR)
- Parties
- Plaintiff: David Gichaga Munuhe (Suing on his own behalf of the Estate of the late Joseph Muriuki Njogu); Defendant: Azake Beer Limited; Defendant: Said Faraj Said; Defendant: Woodventure Company Limited
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 304 of 2004
- Procedural Posture
- Civil Case / Ruling on Application for Extension of Time
- Outcome
- application allowed
- Legal Topics
- Extension of Time, Limitation Periods, Personal Injury Claims
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
David Gichaga Munuhe (Suing on his own behalf of the Estate of the late Joseph Muriuki Njogu)
Plaintiff
Azake Beer Limited
Defendant
Said Faraj Said
Defendant
Woodventure Company Limited
Defendant
Procedural Posture
Civil Case / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the applicant should be granted an extension of time to file suit for personal injuries resulting in death due to the defendants' alleged negligence.
- 2 Whether the delay in filing the suit was reasonable and justified under Section 27 of the Limitation of Actions Act.
Ratio Decidendi
The court found that the delay of 18 months in filing the suit was occasioned by the late issuance of the Grant of representation and was not deliberate. Applying Section 27 of the Limitation of Actions Act, the court held that the circumstances justified the extension of time. The application was therefore allowed, and the orders sought were granted.
Court Disposition
application allowed
Orders
- Extension of time to file suit is granted as prayed.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
7 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CIVIL CASE NO. 304 OF 2004 DAVID GICHAGA MUNUHE (Suing on his own behalf of the Estate of the late JOSEPH MURIUKI NJOGU………………………………………………PLAINTIFF =V E R S U S= 1. AZAKE BEER LIMITED 2. SAID FARAJ SAID 3. WOODVENTURE COMPANY LIMITED………………………DEFENDANTS R U L I N G The Applicant seeks extension of time for filing a suit in respect of personal injuries occasioned by the negligence of the Defendants as a result of which death occurred. The reason for the delay is that Grant of representation was applied for but was not issued in time to enable the personal representative of the deceased to file suit in time. The delay is admitted of 18 months.
Court: After consideration of the provisions of Section 27 of the Limitation of Actions Act, I am satisfied that delay occasioned is reasonable and not deliberate. I therefore allow application and grant orders sought.
Costs shall be in the cause.
Dated this 27th day of February, 2004.
JOYCE KHAMINWA J U D G E
Read in presence of Mr. Odiaga.
JOYCE KHAMINWA, J.