[2018] KEHC 6920 (KLR)
The court found that the applicant was involved in a road traffic accident and sought medical treatment. The delay in filing the application for leave to sue out of time was not inordinate or deliberate. The applicant provided sufficient explanation for the delay, including reliance on legal advice regarding the...
Source-derived case information.
- Citation
- [2018] KEHC 6920 (KLR)
- Parties
- Applicant: Nelson Roiman Naisho; Respondent: Alice Wagunda; Respondent: Peter Otieno
- Court
- High Court
- Court Station
- High Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Civil Case 6 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Ex Parte Application for Leave to File Suit Out of Time
- Outcome
- application allowed
- Legal Topics
- Extension of Time, Limitation of Actions, Personal Injury Claims
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nelson Roiman Naisho
Applicant
Alice Wagunda
Respondent
Peter Otieno
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Ex Parte Application for Leave to File Suit Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to file a suit for recovery of damages arising from a motor vehicle accident out of time.
- 2 Whether the delay in filing the application was inordinate or deliberate.
Ratio Decidendi
The court found that the applicant was involved in a road traffic accident and sought medical treatment. The delay in filing the application for leave to sue out of time was not inordinate or deliberate. The applicant provided sufficient explanation for the delay, including reliance on legal advice regarding the limitation period. The application was unopposed, and the court was satisfied that the applicant had made out a case for the grant of leave to file the suit out of time. Accordingly, leave was granted as sought in the ex-parte originating summons.
Court Disposition
application allowed
Orders
- Leave is granted to the applicant to file a suit for recovery of damages arising out of the motor vehicle accident out of time.
- There will be no order as to costs.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAROK
CIVIL CASE NO. 6 OF 2018
NELSON ROIMAN NAISHO..........................................PLAINTIFF
VERSUS
ALICE WAGUNDA.................................................1ST DEFENDANT
PETER OTIENO.....................................................2ND DEFENDANT
RULING
1. This is an ex-parte application seeking leave of this court to file a suit f or recovery of damages arising out of a motor vehicular accident.
2. The application was brought under certificate of urgency and was certified as such. It is brought under section 27 of the Limitation of Actions Act [Cap. 22] Laws of Kenya and rule 37 of the 2010 Civil Procedure Rules.
3. The application is supported by four grounds on the face of the ex-parteoriginating summons. In grounds 1 and 2, the applicant has stated that the time for filing the proposed suit has elapsed and that the delay in filing the same is not deliberate. In grounds 3 and 4 the applicant has stated that the delay in filing this application is not inordinate and that leave is necessary, since the time has elapsed.
4. Furthermore, the application is supported by the applicant’s affidavit dated 1 9/1/2018. In that affidavit the applicant has deponed to the following major matters. That on 10/6/2012 the applicant was involved in a road traffic accident, in regard to which he has annexed a police abstract report marked as annex NRR1.
5. Furthermore, the applicant states that he was travelling in his vehicle, when the accident occurred which involved the motor vehicle of the 2nd respondent.
6. As a result of the accident, the applicant sought medical treatment. Additionally, the applicant states that he was advised by his counsel that the claim was time barred, since it is late by 2 years. It is for this reason that he has filed this application.
7. I find from the unopposed affidavit evidence of the applicant, that he was involved in a road accident along Narok – Mai Mahiu road. As a result, he sought medical treatment. I also find that the delay in filing this application is not inordinate.
8. The upshot of the foregoing is that the applicant has made out a case for the grant of leave to file a suit out of time in terms of prayer 2 of the ex-parte originating summons dated.
9. The application is hereby allowed.
10. There will be no order as to costs.
Ruling delivered in open court this 19th day of April, 2018 in the presence of Ms Cheptoo for ex-parte applicant.
J. M. Bwonwonga
Judge
19/4/2018