[2019] KEELC 1499 (KLR)
The court found that the applicant failed to provide sufficient cause for the delay in filing the claim out of time, particularly as she did not explain why she did not seek reinstatement of the previously dismissed suit (HCCC No. 542 of 2008). The court characterized the application as mischievous and an abuse of...
Source-derived case information.
- Citation
- [2019] KEELC 1499 (KLR)
- Parties
- Applicant: Mary Wangari Kiarie; Respondent: Peter Wambugu Mwangi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 3 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Ex Parte Originating Summons Seeking Leave to File Claim Out of Time
- Outcome
- application dismissed
- Judges
- LC Komingoi
- Legal Topics
- Extension of Time, Limitation of Actions, Dismissal for Want of Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Wangari Kiarie
Applicant
Peter Wambugu Mwangi
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Ex Parte Originating Summons Seeking Leave to File Claim Out of Time
Legal Issues
- 1 Whether the applicant has demonstrated sufficient cause to warrant extension of time to file a claim out of time.
- 2 Whether the application amounts to an abuse of the court process.
Ratio Decidendi
The court found that the applicant failed to provide sufficient cause for the delay in filing the claim out of time, particularly as she did not explain why she did not seek reinstatement of the previously dismissed suit (HCCC No. 542 of 2008). The court characterized the application as mischievous and an abuse of the court process, and therefore dismissed the application for lack of merit.
Court Disposition
application dismissed
Orders
- The application is dismissed for lack of merit.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAIROBI
ELC CIVIL CASE NO. 3 OF 2019 (OS)
IN THE MATTER OF: APPLICATION UNDER SECTION 4 OF THE LAW OF LIMITATION ACT
MARY WANGARI KIARIE............. INTENDED PLAINTIFF
=VERSUS=
PETER WAMBUGU MWANGI.....INTENDED DEFENDANT
RULING
1. This is the Exparte originating summons dated 14th January 2019 brought under Section 4 of the Limitation of Actions Act order 37 rule 6(1) of the Civil Procedure Rules, Section 1A, 1B and 3A of the Civil Procedure Rules, Section 1A, 1B and 3A of the Civil Procedure Act and all other enabling provisions of the law.
2. It seeks orders
1. Spent.
2. That the applicant be allowed to file a part of the claim out of time.
3. That upon grant of orders sought the annexed pleadings be deemed to be properly filed upon payment of the requisite fees.
3. The grounds are on the face of the application and are set out in paragraphs (1) to (9).
4. The application is supported by the affidavit of Mary Wangari Kiarie, the Intended Plaintiff herein sworn on the 14th January 2019.
5. I have considered the application and the supporting affidavit. The intended plaintiff admits there was an earlier case being HCCC No. 542 of 2008 which was dismissed for want of prosecution. The intended plaintiff/applicant does not state why she did not apply for reinstatement of that suit. I find this application to be mischievous and an abuse of the court process.
6. No sufficient cause has been shown by the intended plaintiff/applicant to warrant this court to grant the orders sought.
7. I find no merit in this application and the same is dismissed.
It is so ordered.
Dated, signed and delivered in Nairobi on this 26th day of September 2019.
……………………….
L. KOMINGOI
JUDGE
In the presence of:-
Mr. Wambugu advocate for the Intended Plaintiff
No appearance for the Intended Defendant
Kajuju - Court Assistant