[2013] KEHC 4681 (KLR)
The court found merit in the applicant's request for extension of time to file suit against his former employer, having considered the application and supporting affidavit. The judge exercised judicial discretion in favour of the applicant, allowing the application for extension of time. No order was made as to costs.
Source-derived case information.
- Citation
- [2013] KEHC 4681 (KLR)
- Parties
- Applicant: Josphat M. M’Rwigi; Respondent: Telkom Kenya Limited
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 68 of 2012
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Extension of Time
- Outcome
- application allowed
- Judges
- JV Juma
- Legal Topics
- Extension of Time, Limitation of Actions, Employment Termination
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Josphat M. M’Rwigi
Applicant
Telkom Kenya Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the applicant should be granted leave to file suit against his former employer out of time.
Ratio Decidendi
The court found merit in the applicant's request for extension of time to file suit against his former employer, having considered the application and supporting affidavit. The judge exercised judicial discretion in favour of the applicant, allowing the application for extension of time. No order was made as to costs.
Court Disposition
application allowed
Orders
- Leave for extension of time to file suit against the respondent is granted.
- No order as to costs.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
High Court at Mombasa
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JOSPHAT M. M’RWIGI…………..…………......................…….…….…….APPLICANT
VERSUS
TELKOM KENYA LIMITED……………………........................……….RESPONDENT
RULING
I have considered the application dated 3rd October, 2012 seeking leave for extension of time to file suit as against his former employer.
I have considered the application together with the affidavit in support. I am persuaded of the merit of the application and I do hereby allow the same. No order on costs.
Dated and delivered in Mombasa this 20th day of March, 2013.
M. ODERO
JUDGE
In the presence of:
Dr. Khaminwa for Applicant
Court Clerk Mutisya