[2016] KEHC 2882 (KLR)
The court found that the applicant had established sufficient grounds for the exercise of discretion under the Limitation of Actions Act to allow filing of the suit out of time. The applicant demonstrated that the respondent's conduct and the existence of facts outside her knowledge justified extension of the...
Source-derived case information.
- Citation
- [2016] KEHC 2882 (KLR)
- Parties
- Applicant: Plisila Kathambi; Respondent: Simon Bundi M'Arimi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 67 of 2016
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to File Suit Out of Time
- Outcome
- application granted
- Judges
- FM Njoroge
- Legal Topics
- Extension of Limitation Period, Leave to File Out of Time, Sale of Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Plisila Kathambi
Applicant
Simon Bundi M'Arimi
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 against the respondent out of the limitation period.
- 2 Whether the applicant has demonstrated sufficient grounds for extension of time under the Limitation of Actions Act.
Ratio Decidendi
The court found that the applicant had established sufficient grounds for the exercise of discretion under the Limitation of Actions Act to allow filing of the suit out of time. The applicant demonstrated that the respondent's conduct and the existence of facts outside her knowledge justified extension of the limitation period. The application was unopposed, and the court was satisfied that the interests of justice required granting the orders sought. Accordingly, leave was granted to the applicant to file suit against the respondent out of the limitation period, with costs to be in the intended suit.
Court Disposition
application granted
Orders
- Leave is granted to the applicant to file suit against the respondent out of the limitation period.
- Costs of the application to be in the intended suit.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
MISC APPLICATION NO. 67 OF 2016
IN THE MATTER OF THE LIMITATION OF ACTIONS ACT
CAP 21 LAWS OF KENYA
PLISILA KATHAMBI.....................APPLICANT
VERSUS
SIMON BUNDI M'ARIMI.........RESPONDENT
R U L I N G
[1] This application is dated 13th September, 2016 and seeks prayers:-
(1) THATthis Honourable Court be pleased to grant leave to the Applicant to file suit against the Respondent out of the Limitation period.
(2) THATthe Costs of this Application be in the cause in the intended suit.
[2] It is supported by the Affidavit of PLISILA KATHAMBI and has the following grounds:-
(a) THATthe proposed suit is in respect of a Sale Agreement for Land Parcel No. NYAKI/CHUGU/943.
(b) THATthe Respondent has all along been promising the Applicant that he will have the land transferred into her name but has refused to transfer the same.
(c) THATthere were facts relating to the cause of action that was outside the control and/or knowledge of the elderly Applicant until expiry of the Limitation period.
[3] There is on record an affidavit of service showing that the Respondent was not only served but also acknowledged service by signing at the back of the documents served upon him.
[4] As the Defendant is not in Court, 1 find that this application is not opposed.
[5] The application is deemed heard. This Misc. Application is marked as heard and determined.
[6] Prayer 1 is granted.
[7] Costs to be in the intended suit as per prayer 2.
[8] It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 21ST DAY OF SEPTEMBER, 2016 IN THE PRESENCE OF:-
CA: Daniel / James
Nyauchi for the Applicant
P.M NJOROGE
JUDGE