[2008] KEHC 318 (KLR)
The court found that the applicant had satisfied the requirements for the grant of leave under Sections 27 and 28 of the Limitation of Actions Act. The judge considered the facts, evidence, and submissions presented and was satisfied that the applicant should be allowed to commence proceedings against the...
Source-derived case information.
- Citation
- [2008] KEHC 318 (KLR)
- Parties
- Applicant: Jean Marie Hatungimana; Respondent: The Hon. Attorney-General
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 297 of 2008
- Procedural Posture
- Miscellaneous Application / Ruling on Ex Parte Application for Leave to Institute Proceedings Out of Time
- Outcome
- Application allowed. Leave granted to institute proceedings out of time.
- Legal Topics
- Extension of Time, Limitation of Actions, Leave to Sue Government
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jean Marie Hatungimana
Applicant
The Hon. Attorney-General
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Ex Parte Application for Leave to Institute Proceedings Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to institute proceedings against the Attorney-General out of time under the Limitation of Actions Act.
- 2 Whether the applicant has satisfied the requirements for extension of time to file suit for compensation following acquittal.
Ratio Decidendi
The court found that the applicant had satisfied the requirements for the grant of leave under Sections 27 and 28 of the Limitation of Actions Act. The judge considered the facts, evidence, and submissions presented and was satisfied that the applicant should be allowed to commence proceedings against the Attorney-General for compensation following his acquittal. The court exercised its discretion to grant the application as prayed, allowing the applicant to file the intended suit within fourteen days from the date of the ruling.
Court Disposition
Application allowed. Leave granted to institute proceedings out of time.
Orders
- Leave is granted to the applicant to commence and institute court proceedings against the Attorney-General for compensation pursuant to his acquittal in High Court Criminal Appeal Number 721 of 2003.
- The applicant shall file the intended suit within fourteen (14) days from the date of this ruling.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Misc. Civ. Appli. 297 of 2008
JEAN MARIE HATUNGIMANA…………..……………APPLICANT
A N D
THE HON. ATTORNEY-GENERAL……….………RESPONDENT
R U L I N G
In this Notice of Motion dated 30th April 2008 and brought exparte under Sections 27 and 28 of the Limitation of Actions Act, Chapter 22 of the Laws of Kenya, the Applicant prays for orders: -
“THAT this Honourable Court be pleased to grant the Applicant leave to commence and institute court proceedings against the Honourable Attorney-General for compensation pursuant to an acquittal of the Applicant in High Court Criminal Appeal Number 721 of 2003, HATHSNGIMANAS JEAN MARIE –Versus- REPUBLIC.”
I have carefully considered all the facts, evidence and information brought before me through filed documents as well as oral submissions by Mr. Kinyanjui, I Learned Counsel who held brief for the Applicant’s Advocates M/s Wesley John & Associates, and being satisfied, do hereby grant the said Notice of Motion as prayed with costs in the cause.
The Applicant to file the intended suit within fourteen (14) days from the date of this ruling.
Dated this 21st day of November 2008.
J. M. KHAMONI
JUDGE