[2025] KEHC 7703 (KLR)

[2025] KEHC 7703 (KLR)

The court found that while the applicant suffered serious injuries, the evidence did not demonstrate that he was incapacitated for the entire six-year period so as to prevent him from filing suit within the statutory limitation period. The applicant's reasons for delay, including awaiting the outcome of the criminal...

Source-derived case information.

Citation
[2025] KEHC 7703 (KLR)
Parties
Applicant: John Nyaga Hank; Respondent: Hawkins Kimandi Kinegeni
Court
High Court
Court Station
High Court at Chuka
Jurisdiction
Kenya
Judgment Date
3 June 2025
Case Number
Miscellaneous Civil Application E018 of 2024
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Leave to File Suit Out of Time
Outcome
application dismissed
Judges
RL Korir
Legal Topics
Extension of Limitation Period, Personal Injury Claims, Leave to File Out of Time, Judicial Discretion, Costs Award
Source Language
english
Civil Procedure Tort Law Extension of Limitation Period Personal Injury Claims Leave to File Out of Time Judicial Discretion Costs Award

Source-derived case record

Summary, issues, holding and outcome

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Parties

John Nyaga Hank

Applicant

Hawkins Kimandi Kinegeni

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant should be granted leave to file a suit for damages out of time under Section 27 of the Limitation of Actions Act.
  2. 2 Whether the delay in filing the suit was satisfactorily explained and falls within the statutory exceptions.
  3. 3 Who should bear the costs of the application.

Ratio Decidendi

The court found that while the applicant suffered serious injuries, the evidence did not demonstrate that he was incapacitated for the entire six-year period so as to prevent him from filing suit within the statutory limitation period. The applicant's reasons for delay, including awaiting the outcome of the criminal case and financial hardship, were not sufficient to bring his case within the exceptions provided under Section 27 of the Limitation of Actions Act. The court emphasized that nothing in law prevented the applicant from filing a civil suit for damages earlier, and the delay was both inordinate and unexplained. The application for extension of time was therefore dismissed. On...

Court Disposition

application dismissed

Orders

  • The application for leave to file suit out of time is dismissed.
  • Each party shall bear their own costs.