[2000] KECA 70 (KLR)
The application for leave to appeal as a pauper was dismissed because the intended suit was hopelessly out of time, having arisen over seven years prior to the application. The court held that granting leave in such circumstances would be futile, as the claim is clearly barred by limitation of actions. The applicant...
Source-derived case information.
- Citation
- [2000] KECA 70 (KLR)
- Parties
- Applicant: Isaac N. Ondieki; Respondent: The Ministry of Information & Broadcasting; Respondent: Public Service Commission
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 116 of ??
- Procedural Posture
- Civil Application / Application for Leave to Appeal as a Pauper
- Outcome
- application dismissed
- Legal Topics
- Pauper Proceedings, Leave to Appeal, Limitation of Actions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isaac N. Ondieki
Applicant
The Ministry of Information & Broadcasting
Respondent
Public Service Commission
Respondent
Procedural Posture
Civil Application / Application for Leave to Appeal as a Pauper
Legal Issues
- 1 Whether the applicant should be granted leave to file an appeal as a pauper.
- 2 Whether the intended appeal is barred by limitation of actions.
Ratio Decidendi
The application for leave to appeal as a pauper was dismissed because the intended suit was hopelessly out of time, having arisen over seven years prior to the application. The court held that granting leave in such circumstances would be futile, as the claim is clearly barred by limitation of actions. The applicant therefore failed to demonstrate any merit in the application, and the court declined to exercise its discretion in his favour.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT NAIROBI CORAM: GICHERU, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 116 OF 2000
BETWEEN
ISAAC N. ONDIEKI .................................. APPLICANT AND THE MINISTRY OF INFORMATION & BROADCASTING PUBLIC SERVICE COMMISSION .........................RESPONDENTS
(An application for leave to file Appeal as a pauper in an intended Appeal from Judgment of the High Court of Kenya at Nairobi (Mr. Justice Githinji) dated 8th February, 2000
in H.C.C.C. NO. 1079 OF 2000) ****************
R U L I N G
The applicant=s application in the superior court to file suit in that court as a pauper was rejected for the reason that the intended suit was barred by limitation. He has how applied to this Court to be allowed to file appeal as a pauper against the decision of the superior court.
It would appear that the cause of action in respect of which the applicant intends to file suit against the respondents arose on 2nd June, 1993 - over 7 years ago. Such suit is hopelessly out of time and in the present circumstances of the matter, it would be an exercise in futility to grant the applicant the relief he seeks from this Court in the present application as the same is lacking in merit. The same is therefore dismissed but with no order as to costs.
Dated and delivered at Nairobi this 7th day of July, 2000.
J. E. GICHERU
-----------------
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR