[2013] KEHC 5556 (KLR)

[2013] KEHC 5556 (KLR)

The court found that the applicant's poor medical condition and ongoing treatment did not constitute material facts of a decisive character outside his knowledge as required under section 27 of the Limitation of Actions Act. The applicant was aware of the material facts necessary to file suit, and physical disability alone does not meet the statutory threshold for extension of time. Consequently, the applicant failed to bring himself within the ambit of the law permitting extension of limitation, and the application was dismissed.

Citation
[2013] KEHC 5556 (KLR)
Parties
Applicant: George Njigua Gundi; Respondent: M/S Aberdare Maize Milling Co. Ltd.
Court
High Court
Court Station
High Court at Nyeri
Jurisdiction
Kenya
Judgment Date
19 July 2013
Case Number
Civil Case 2 of 2013
Procedural Posture
Miscellaneous Application / Ruling on Application for Extension of Time
Outcome
application dismissed
Legal Topics
Limitation of Actions, Extension of Time, Personal Injury Claims
Source Language
English
Civil Procedure Tort Law Limitation of Actions Extension of Time Personal Injury Claims

Case Brief

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Parties

George Njigua Gundi

Applicant

M/S Aberdare Maize Milling Co. Ltd.

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has satisfied the requirements under section 27 of the Limitation of Actions Act for extension of time to file suit for personal injuries.
  2. 2 Whether the applicant's poor medical condition constitutes a material fact of a decisive character outside his knowledge as required by law.

Ratio Decidendi

The court found that the applicant's poor medical condition and ongoing treatment did not constitute material facts of a decisive character outside his knowledge as required under section 27 of the Limitation of Actions Act. The applicant was aware of the material facts necessary to file suit, and physical disability alone does not meet the statutory threshold for extension of time. Consequently, the applicant failed to bring himself within the ambit of the law permitting extension of limitation, and the application was dismissed.

Court Disposition

application dismissed

Orders

  • The application for extension of time is dismissed.
  • There is no order as to costs.