https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6064
The appeal failed because the appellant admitted filing the suit out of time, acknowledged that he had not sought leave to file the suit out of time, and the court held that the suit was therefore statute barred. The court further treated jurisdiction as a threshold issue and declined to consider the other grounds,...
Source-derived case information.
- Citation
- [2026] KEHC 6064 (KLR)
- Parties
- Appellant: Elijah Mwaura Mbugua; 1st Respondent: Family Bank Limited; 2nd Respondent: Credit Reference Credit Bureau Africa Ltd T/A Trans Union
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E979 of 2024
- Procedural Posture
- Civil Appeal / Ruling on Appeal
- Outcome
- Appeal dismissed with costs.
- Judges
- ["LP Kassan"]
- Legal Topics
- Statute Barred Suit, Jurisdiction, Leave to File Out of Time, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elijah Mwaura Mbugua
Appellant
Family Bank Limited
1st Respondent
Credit Reference Credit Bureau Africa Ltd T/A Trans Union
2nd Respondent
Procedural Posture
Civil Appeal / Ruling on Appeal
Legal Issues
- 1 Whether the lower court properly struck out the suit as statute barred.
- 2 Whether the appellant could proceed without having sought leave to file the suit out of time.
- 3 Whether jurisdictional defect could be overlooked in light of the other issues raised.
Ratio Decidendi
The appeal failed because the appellant admitted filing the suit out of time, acknowledged that he had not sought leave to file the suit out of time, and the court held that the suit was therefore statute barred. The court further treated jurisdiction as a threshold issue and declined to consider the other grounds, dismissing the appeal with costs.
Court Disposition
Appeal dismissed with costs.
Orders
- The appeal is dismissed with costs.
Full Case Text
Judgment text and source record
1 paragraphs
Mbugua v Family Bank Limited & another (Civil Appeal E979 of 2024) [2026] KEHC 6064 (KLR) (7 May 2026) (Ruling) Neutral citation: [2026] KEHC 6064 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Civil Appeal E979 of 2024 LP Kassan, J May 7, 2026 Between Elijah Mwaura Mbugua Appellant and Family Bank Limited 1st Respondent Credit Reference Credit Bureau Africa Ltd T/A Trans Union 2nd Respondent Ruling 1.The lower court struck the plaintiff suit for being statute barred prompting this appeal. The Appellant admitted that he filed the suit out of time because he was making efforts to reach out to the Defendant. This therefore means that the suit was statute barred-and he did not seek leave to file the suit out of time. 2.Jurisdiction issue soars high among other Applications or before main hearing is commenced. This being the case, I will not belabor with other issues raised in the appeal but will dismiss this appeal with costs. DATED DELIVERED VIRTUALLY AND SIGNED ON THIS 7TH DAY OF MAY 2026L. P. KASSANJUDGE