[2010] KEHC 4071 (KLR)
The court found that the applicant's delay in filing the suit was reasonable and justified by the ongoing criminal proceedings and her medical treatment. The application for extension of time was filed less than a year after the limitation period expired, and the applicant provided medical documentation to support...
Source-derived case information.
- Citation
- [2010] KEHC 4071 (KLR)
- Parties
- Applicant: Demitilah Auma Anyango; Respondent: Susan Nelima Machio; Respondent: Ivone Dina Sumba; Respondent: Irene Aloyo
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Case 65 of 2009
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Extension of Time
- Outcome
- application allowed
- Judges
- FN Muchemi
- Legal Topics
- Extension of Time, Limitation Periods, Personal Injury, Assault Claims
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Demitilah Auma Anyango
Applicant
Susan Nelima Machio
Respondent
Ivone Dina Sumba
Respondent
Irene Aloyo
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the applicant has provided sufficient grounds for extension of time to file a suit for damages after the limitation period expired.
- 2 Whether the delay in filing was excusable due to the pendency of criminal proceedings and ongoing medical treatment.
Ratio Decidendi
The court found that the applicant's delay in filing the suit was reasonable and justified by the ongoing criminal proceedings and her medical treatment. The application for extension of time was filed less than a year after the limitation period expired, and the applicant provided medical documentation to support her claim of prolonged treatment. The absence of evidence regarding the exact conclusion date of the criminal case was noted, but the court was satisfied with the explanations and supporting documents provided. The court exercised its discretion to allow the extension, finding the grounds meritorious and the delay not excessive.
Court Disposition
application allowed
Orders
- The application for extension of time is allowed as prayed.
- The plaint to be filed in court within 14 days.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT
AT BUNGOMA
MISC. CIVIL APPL. NO.65 OF 2009
DEMITILAH AUMA ANYANGO::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: APPLICANT
~VRS~
SUSAN NELIMA MACHIO::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 1ST RESPONDENT
IVONE DINA SUMBA:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 2ND RESPONDENT
IRENE ALOYO:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 3RD RESPONDENT
RULING
The Applicant seeks for extension of time to institute a civil suit for damages against the Respondent. She claims to have been assaulted on the 18/06/2005 by the Respondent who were charged in Busia Court with assault causing actual bodily harm. The time allowed by the law to file a claim of this nature is three years which expired on 18/06/2008.
The reasons advanced for delay are two fold:
§that the criminal case took too long to be finalized
§that the Applicant was undergoing prolonged treatment.
I note that the supporting affidavit does not show the time the criminal case was finalized. Except the charge sheet, the proceedings of the lower court have not been annexed. The medical report, P.3 and treatment notes are annexed showing that the Applicant sustained injuries.
This application was filed on 24/03/2009 which was less than one year after the suit had become time barred. I find this period reasonable and the grounds supporting the application meritorious.
I allow the application as prayed. The plaint to be filed in court within 14 days.
F. N. MUCHEMI
JUDGE
Ruling delivered and dated this 30th day of November, 2010 in the presence of Mr. Kakoi for Chunge for Applicant.
F. N. MUCHEMI
JUDGE