[2014] KEHC 8009 (KLR)
The court found that the applicant had provided genuine and plausible reasons for the delay in filing suit, specifically that the plaintiff only became aware of the alleged negligence upon receipt of the hospital discharge summary on 17th April 2013. The court was satisfied that the applicant acted promptly...
Source-derived case information.
- Citation
- [2014] KEHC 8009 (KLR)
- Parties
- Plaintiff: Joy Nungari Wanjiku (a minor suing through Reachel Wanjiku Wainaina, mother and next friend); Defendant: Thika District Hospital
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 446 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Extension of Limitation Period
- Outcome
- application for extension of limitation period granted
- Judges
- REA Ougo
- Legal Topics
- Extension of Limitation Period, Medical Negligence, Public Authorities Limitation, Commencement of Limitation Period
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joy Nungari Wanjiku (a minor suing through Reachel Wanjiku Wainaina, mother and next friend)
Plaintiff
Thika District Hospital
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application for Extension of Limitation Period
Legal Issues
- 1 Whether the applicant should be granted extension of the limitation period to file suit against the defendant.
- 2 Whether the applicant has provided sufficient reasons for delay in filing the suit.
Ratio Decidendi
The court found that the applicant had provided genuine and plausible reasons for the delay in filing suit, specifically that the plaintiff only became aware of the alleged negligence upon receipt of the hospital discharge summary on 17th April 2013. The court was satisfied that the applicant acted promptly thereafter by making a demand and seeking settlement. In the interest of justice, and considering the supporting affidavit and annexures, the court exercised its discretion to grant an extension of the limitation period, allowing the applicant to file suit within 14 days from the date of the ruling. The court also noted that the respondent retains the right to challenge the leave...
Court Disposition
application for extension of limitation period granted
Orders
- Extension of limitation period granted.
- Applicant to file suit within 14 days from the date of the ruling.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS CIVIL DIVISION
CIVIL SUIT NO. 446 OF 2013
JOY NUNGARI WANJIKU
(A MINOR SUING THROUGH REACHEL WANJIKU WAINAINA
MOTHER AND NEXT FRIEND) ………………………...….…PLAINTIFF
VS.
THIKA DISTRICT HOSPITAL…………………………..…..DEFENDANT
RULING
Before me is an Originating Summons dated 23/10/13 brought under Order 37 Rule 6(2), Order 8 Rule 3(3) of the Civil Procedure Rules, Section 27 of the Limitation of Actions Act Chapter 22 Laws of Kenya and section 3A of the Public Authorities Limitation Act Chapter 39 Laws of Kenya and Section 3A of the Civil Procedure Act Chapter 21 Laws of Kenya and all enabling provisions of the Law. The applicant seeks to be granted extension of limitation period and that the plaint dated 23rd October 2013 and filed with the application be deemed as statutory regular. The applicant also seeks that costs of the application be provided for. The application is supported by 4 grounds on the face of the application as follows that;
The cause of action arose in the period between 6th October 2011 and 17th October 2011 and as such may be statute barred in light of the provisions in Section 3 of the Public Authorities Act, Chapter 39 Laws of Kenya.
The plaintiff herein received the minor’s hospital documents (discharge summary) on 17th April 2013 and thus became aware of the negligence, the subject matter of the instant suit.
The plaintiff promptly made a demand on 4th July 2013.
The defendant responded on 9th July 2013 and requested for more time to explore possibilities of an amicable settlement of the matter, the settlement has not been forthcoming.
It is also supported by the affidavit of the applicant. She reiterates what is stated in the grounds. I have considered the reasons given by the applicant. They appear genuine and plausible. I have perused the annexures and it confirms what she has deposed. I do warn myself that the respondent could challenge the leave granted at the hearing. In the interest of justice however I grant an extension of the limitation period. The applicant shall file suit within 14 days from the date of the ruling. Costs shall be in the cause.
Orders accordingly.
Dated signed and delivered this 14th day of April 2014.
R. E. OUGO
JUDGE
In the presence of:
…………………………………………………….…….……For the Applicant
……………………………………………………………..For the Respondent
……………………………………………………………………… Court Clerk