[2017] KEHC 5245 (KLR)
The court found that the applicant had demonstrated excusable grounds for the delay in filing the suit. Exercising its discretion under the Limitation of Actions Act, the court allowed the application for leave to file the suit out of time, subject to the condition that the suit be filed within 14 days from the date...
Source-derived case information.
- Citation
- [2017] KEHC 5245 (KLR)
- Parties
- Applicant: Peter Kirema Makinya; Respondent: Stephen Kirianki Nchebere
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 87 of 2016
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to File Suit Out of Time
- Outcome
- Application allowed with conditions.
- Judges
- LN Mbugua
- Legal Topics
- Extension of Time, Limitation of Actions, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Kirema Makinya
Applicant
Stephen Kirianki Nchebere
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to File Suit Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to file suit out of time.
- 2 Whether there are excusable grounds for the delay in filing the suit.
Ratio Decidendi
The court found that the applicant had demonstrated excusable grounds for the delay in filing the suit. Exercising its discretion under the Limitation of Actions Act, the court allowed the application for leave to file the suit out of time, subject to the condition that the suit be filed within 14 days from the date of the ruling.
Court Disposition
Application allowed with conditions.
Orders
- Leave is granted to the applicant to file suit out of time, provided the suit is filed within 14 days from the date of this ruling.
- Costs of the application to be provided for.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURTOF KENYA AT MERU
ENVIRONMENT & LAND MISC APPL. NO. 87 OF 2016
PETER KIREMA MAKINYA..............................................................APPLICANT
VERSUS
STEPHEN KIRIANKI NCHEBERE...............................................RESPONDENT
R U L I N G
1. The Notice of Motion dated 11th October, 2016 seeks the following orders:-
(a) The Hon Court be pleased to grant the applicant leave to bring suit out of time.
(b) Costs of this application be provided for.
2. The application is based on the grounds that:-
(a) Time for bringing suit has already expired.
(b) There are excusable grounds for the delay.
3. Having perused the application and the affidavit thereof, I proceed to allow the application on condition that the suit is filed within 14 days from the date of delivery of this ruling.
DELIVERED, DATED AND SIGNED AT MERU THIS 31ST DAY OF MAY, 2007 IN THE PRESENCE OF:-
CA: Janet
Mr. Kariuki h/b for E. Mwangi for Applicant
Applicant Present
Respondent present
HON. L.N. MBUGUA
JUDGE