[2012] KEHC 3886 (KLR)
The court found that the applicant failed to provide any explanation for the delay in suing the proposed 2nd and 3rd defendants since September 2000, despite being aware of the material facts after the prosecution closed its case. The absence of a reasonable explanation for the delay indicated that the applicant had...
Source-derived case information.
- Citation
- [2012] KEHC 3886 (KLR)
- Parties
- Plaintiff: James Bandi Matia; Defendant: Mumias Outgrowers Ltd
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Civil Case 37 of 2002
- Procedural Posture
- Civil Case / Ruling on Chamber Summons for Extension of Limitation Period and Leave to Amend Plaint
- Outcome
- application dismissed with costs
- Judges
- BT Jaden
- Legal Topics
- Extension of Limitation Period, Amendment of Pleadings, Joinder of Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Bandi Matia
Plaintiff
Mumias Outgrowers Ltd
Defendant
Procedural Posture
Civil Case / Ruling on Chamber Summons for Extension of Limitation Period and Leave to Amend Plaint
Legal Issues
- 1 Whether the applicant is entitled to extension of the limitation period for filing action.
- 2 Whether leave should be granted to amend the plaint to include the proposed 2nd and 3rd defendants.
- 3 Whether the applicant has provided sufficient explanation for the delay in suing the proposed defendants.
Ratio Decidendi
The court found that the applicant failed to provide any explanation for the delay in suing the proposed 2nd and 3rd defendants since September 2000, despite being aware of the material facts after the prosecution closed its case. The absence of a reasonable explanation for the delay indicated that the applicant had slept on his rights. Consequently, the court held that the application for extension of the limitation period and leave to amend the plaint lacked merit and dismissed it with costs.
Court Disposition
application dismissed with costs
Orders
- The Chamber Summons application dated 31.8.11 is dismissed with costs in the cause.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
CIVIL CASE 37 OF 2002
JAMES BANDI MATIA................................................................................................PLAINTIFF
V E R S U S
MUMIAS OUTGROWERS LTD.............................................................................DEFENDANT
R U L I N G
The Chamber Summons application dated 31. 8.11 seeks orders for extension of limitation period for filing action.
The Applicant also seeks leave to amend the Plaint and seeks further orders that the draft amended plaint be deemed as duly filed subject to the payment of requisite court fees.
The application is based on the grounds stated in the application and is supported by the annexed affidavit of JIM MATIA BANDI, the Plaintiff/Applicant.
According to the said affidavit, the applicant asserts that the proposed 2nd and 3rd Defendants who are the Attorney General and the Standard Ltd. respectively acknowledged liability as per the copies of letters dated 16. 1.01 (annexure “JB 3”) and a letter from the AG’s Chambers dated 28. 5.1997 and 30. 8.2000 (annexure “JB 4” & “JB 5”). The applicant averred that material facts were concealed by the proposed Defendants until the 30th September 2000 when the Prosecution closed its case. What the applicant has not told the court is why he failed to sue the proposed 2nd and 3rd Defendants since September 2000. There is no explanation given by the applicant taking into account that the prosecution case was closed about 12 years ago. The applicant seems to have slept on his rights.
I have perused the annexed draft defence. The amendments sought relate to the proposed 2nd and 3rd Defendants.
The application has no merits and is dismissed with costs in the cause.
Delivered, dated and signed at Kakamega this 24th day of May, 2012
B. THURANIRA JADEN
JUDGE