[2011] KEHC 277 (KLR)

[2011] KEHC 277 (KLR)

The court held that the Limitation of Actions Act is explicit in restricting the extension of limitation periods to actions founded on tort, specifically those relating to death or personal injury, and does not provide for extension in matters of contract. The court further found that even where extension is permitted in tort, strict statutory requirements must be met, and leave must be obtained from the court. The Chief Magistrate’s Court lacked jurisdiction to enlarge time for filing a suit in contract matters. Consequently, the suit, having been filed out of time and without lawful basis for extension, was incompetent and was struck out with costs.

Citation
[2011] KEHC 277 (KLR)
Parties
Plaintiff: Michael Gichobi Gituru; Defendant: The Hon. The Attorney General
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
19 July 2011
Case Number
Civil Case 482 of 2008
Procedural Posture
Civil Case / Ruling on Preliminary Objection
Outcome
suit struck out as incompetent
Judges
DK Maraga
Legal Topics
Limitation Periods, Extension of Time, Actions Founded on Contract
Source Language
English
Civil Procedure Limitation Periods Extension of Time Actions Founded on Contract

Case Brief

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Parties

Michael Gichobi Gituru

Plaintiff

The Hon. The Attorney General

Defendant

Procedural Posture

Civil Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the limitation period can be extended under the Limitation of Actions Act in matters of contract.
  2. 2 Whether the Chief Magistrate’s Court has jurisdiction to enlarge time for filing suit in contract matters.

Ratio Decidendi

The court held that the Limitation of Actions Act is explicit in restricting the extension of limitation periods to actions founded on tort, specifically those relating to death or personal injury, and does not provide for extension in matters of contract. The court further found that even where extension is permitted in tort, strict statutory requirements must be met, and leave must be obtained from the court. The Chief Magistrate’s Court lacked jurisdiction to enlarge time for filing a suit in contract matters. Consequently, the suit, having been filed out of time and without lawful basis for extension, was incompetent and was struck out with costs.

Court Disposition

suit struck out as incompetent

Orders

  • The suit is struck out with costs to the defendant.