[2013] KEHC 5018 (KLR)
The court found that the applicant had sufficiently explained the delay in filing the intended suit for damages for personal injuries allegedly caused by negligence. Upon reviewing the documents annexed to the application, the court was satisfied that the statutory requirements for extension of time under sections...
Source-derived case information.
- Citation
- [2013] KEHC 5018 (KLR)
- Parties
- Applicant: Joseph Apwoyo Okun
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 631 of 2012
- Procedural Posture
- Miscellaneous Application / Ruling on Ex Parte Application for Leave to File Suit Out of Time
- Outcome
- leave to file suit out of time granted
- Judges
- DW Mbuteti
- Legal Topics
- Limitation of Actions, Extension of Time, Personal Injury, Negligence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Apwoyo Okun
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Ex Parte Application for Leave to File Suit Out of Time
Legal Issues
- 1 Whether the applicant has satisfied the requirements under sections 27 and 28 of the Limitation of Actions Act for extension of time to file suit out of time.
- 2 Whether the delay in filing suit was sufficiently explained.
Ratio Decidendi
The court found that the applicant had sufficiently explained the delay in filing the intended suit for damages for personal injuries allegedly caused by negligence. Upon reviewing the documents annexed to the application, the court was satisfied that the statutory requirements for extension of time under sections 27(2) and 28 of the Limitation of Actions Act were met. Consequently, the court exercised its discretion to grant leave for the applicant to file the suit out of time, subject to the condition that the suit be filed within sixty days of the ruling.
Court Disposition
leave to file suit out of time granted
Orders
- The applicant is granted leave to file the intended suit within sixty (60) days of delivery of this ruling.
- Costs of the application shall be in the intended suit.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
Miscellaneous Application 631 of 2012 [if gte mso 9]><xml>
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IN THE MATTER OF AN APPLICATION UNDER SECTION 27, 28 AND 30 LIMITATION OF ACTIONS ACT (CAP 22)
JOSEPH APWOYO OKUN................................................................................APPLICANT
R U L I N G
1. In this application by notice of motion dated 6. 11. 2012 the Applicant seeks leave under sections 27 and 28 of the Limitation of Actions Act, Cap 22to file suit out of time. The application is ex parte by law.
2. The application has been made by the Applicant in person, and it leaves a lot to be desired. But I have perused all the papers placed before the court.
3. It appears that the intended suit will be founded on the tort of negligence and will be for damages for personal injuries received by the Applicant on 24th April 2009. Suit therefore ought to have been filed on or before 23rd April 2012.
4. The Applicant has explained the delay in filing suit by the documents that he has annexed to his application. I am otherwise satisfied that the requirements of section 27(2) and section 28 of the Limitation of Actions Act have been met, and I will grant the leave sought.
5. The intended suit shall be filed within sixty (60) days of delivery of this ruling. Costs of the application shall be in the intended suit. It is so ordered.
DATED AND SIGNED AT NAIROBI THIS 20TH DAY OF FEBRUARY 2013
H. P. G. WAWERU
JUDGE
DELIVERED AT NAIROBI THIS 22ND DAY OF FEBRUARY 2013