Somoe v Langant [2003] KEHC 491 (KLR)
- Citation
- [2003] KEHC 491 (KLR)
- Status
- Judgment
- Jurisdiction
- Kenya
- Court
- High Court
- Posture
- Miscellaneous Application / Ruling on Application for Extension of Time
- Case number
- ? 55 of 2003
- Language
- English
More details
- Court
- High Court
- Posture
- Miscellaneous Application / Ruling on Application for Extension of Time
- Case number
- ? 55 of 2003
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the pendency of the traffic case, which was directly related to the accident forming the basis of the intended suit, constituted a material fact outside the applicant's knowledge. The outcome of the traffic case was necessary to determine the proper party to sue. The applicant could not reasonably have filed the suit within the limitation period without this information. Therefore, the requirements of section 27 of the Limitation of Actions Act were satisfied, and the application for extension of time was allowed.
Court disposition
application_allowed
Orders
- The applicant is granted leave to file the substantive suit within 15 days from the date of the ruling.
- The applicant must serve the suit within 15 days from the date of filing.
- If the applicant fails to comply with these conditions, the leave granted shall lapse forthwith.
- No order as to costs.
02
Material facts
Parties
Somoe
ApplicantLangant
Respondent03
Procedural history
Posture
Miscellaneous Application / Ruling on Application for Extension of Time
04
Questions and positions
Legal issues
- 01
Whether the applicant has satisfied the requirements for extension of time to file suit out of time under section 27 of the Limitation of Actions Act.
- 02
Whether the applicant lacked knowledge of material facts necessary to institute the suit within the limitation period.
Party arguments
- Applicant
- The applicant argued that the delay in filing the suit was due to the pendency of a traffic case arising from the accident which gave rise to the cause of action. The outcome of the traffic case was material in determining the proper party to sue, and this fact was outside the applicant's knowledge until the case was resolved.
- Respondent
- The respondent did not file or record any arguments in opposition to the application, or such arguments were not addressed in the ruling.
05
Court’s reasoning
Legal principles
- 01
Section 27 of the Limitation of Actions Act
Leave to file suit out of time may be granted only if the applicant demonstrates that failure to act within the limitation period was due to lack of knowledge of material facts, despite taking all reasonable steps and seeking appropriate advice.
- 02
Section 27 of the Limitation of Actions Act
The court must be satisfied that the material facts were outside the applicant's knowledge and were decisive to the cause of action.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the pendency of the traffic case, which was directly related to the accident forming the basis of the intended suit, constituted a material fact outside the applicant's knowledge. The outcome of the traffic case was necessary to determine the proper party to sue. The applicant could not reasonably have filed the suit within the limitation period without this information. Therefore, the requirements of section 27 of the Limitation of Actions Act were satisfied, and the application for extension of time was allowed.
Obiter and limits
- No order as to costs was made in this application.
- If the applicant fails to file and serve the substantive suit within the specified period, the leave granted shall lapse forthwith.
Court disposition
application_allowed
- The applicant is granted leave to file the substantive suit within 15 days from the date of the ruling.
- The applicant must serve the suit within 15 days from the date of filing.
- If the applicant fails to comply with these conditions, the leave granted shall lapse forthwith.
- No order as to costs.
Source and reliance status
High Court
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Judgment reading view
Judgment text
The complete available source text.
High Court
Judgment
Somoe v Langant
High Court, at Kericho September 26, 2003
Lesiit J
Civil Suit No 55 of 2003
September 26, 2003, Lesiit J delivered the following Ruling. The application is brought under section 27 of Limitation of Actions Act and OXXXVI r3 (c) (1) of the CPR and S3A of CPA. It seeks that
“a) The time for filing suit be extended and the applicant be allowed to file suit out of time. b) That necessary directions be give.”
I have carefully considered the application and the grounds for the same. Under Section 27 of Limitation of Actions Act, leave can be allowed only where the court is shown, to the satisfaction of the court, that failure to apply within time was due to lack of knowledge of certain material facts. The applicant must show to the satisfaction of the court that he had taken all reasonable steps and sought appropriate advice in respect of the facts.
Among reasons given for the failure to file suit within time, the suit, the most persuasive is the fact that the traffic case in which the accident that gave use to the cause of action herein was still pending as at the time this application was filed. Even though the advocate for the applicant did not state it, the out come of that case would determine who should be sued in this case. Those are material particulars of a decisive nature outside the knowledge of the applicant herein. I will allow the application on that ground with no order as to costs. The applicant should file the substantive suit within 15 days from date hereof and serve the same within 15 days from date of filing. If said condition is not complied leave granted herein shall lapse forthwith.
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