[2004] KEHC 1473 (KLR)
The court found that the applicant failed to provide a satisfactory explanation for the delay in seeking leave to file suit out of time. The death of the deceased's widow occurred a year before the limitation period expired, and no adequate reason was given for the subsequent four-year delay. The applicant's...
Source-derived case information.
- Citation
- [2004] KEHC 1473 (KLR)
- Parties
- Applicant: Raidolent Achieng Odhiambo; Respondent: South Nyanza Sugar Co. Ltd.
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- ? 99 of 2003
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to File Suit Out of Time
- Outcome
- application dismissed
- Judges
- K Bauni
- Legal Topics
- Extension of Time, Limitation Periods, Leave to File Out of Time
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Raidolent Achieng Odhiambo
Applicant
South Nyanza Sugar Co. Ltd.
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to File Suit Out of Time
Legal Issues
- 1 Whether the applicant has provided sufficient cause for the enlargement of time to file suit out of time.
- 2 Whether the delay in bringing the application was inordinate and unexplained.
Ratio Decidendi
The court found that the applicant failed to provide a satisfactory explanation for the delay in seeking leave to file suit out of time. The death of the deceased's widow occurred a year before the limitation period expired, and no adequate reason was given for the subsequent four-year delay. The applicant's advocates did not explain their inaction, nor did they attach a draft plaint to the application. The court held that the delay was inordinate and unjustified, and therefore dismissed the application for enlargement of time.
Court Disposition
application dismissed
Orders
- The application for enlargement of time to file suit out of time is dismissed.
Full Case Text
Judgment text and source record
8 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII MISC. CIVIL APPLICATION NO.99 OF 2003
RAIDOLENT ACHIENG ODHIAMBO …….……………………………. PLAINTIFF VERSUS SOUTH NYANZA SUGAR CO. LTD. ………..……………………….. DEFENDANT
RULING:
Applicant seeks time for filing of suit to be enlarged to enable her file suit out of time. She deponed that her father BOAZ ORONDO ORWA was involved in a road accident on 7/11/97 and died. Her mother Roseline Aoko obtained letters of administration with an intention of filing a suit on behalf of the estate. She however contracted cancer and died.
I have considered the application. The reasons given for delay are not good. Time expired in 1999 and this application was brought four years later. The deceased’s widow died on 9/4/98 a year before time expired. It should not have taken 4 years to bring this application. The firm of Khan & Katiku advocates have not explained why they took that long to send their clerk to trace the deceased’s widow. They have not even attached a draft plaint to the application.
I feel the delay was inordinate and there was no good excuse for the same. Application is dismissed.
KABURU BAUNI JUDGE 15/6/04