[2008] KEHC 2079 (KLR)

[2008] KEHC 2079 (KLR)

The court found that the applicant failed to prove any disability at the time the cause of action arose, which is the only ground upon which extension of time may be granted under the Public Authorities Limitation Act. Furthermore, the court noted that there had been inordinate delay in bringing the application, and...

Source-derived case information.

Citation
[2008] KEHC 2079 (KLR)
Parties
Plaintiff: Stephen Muriithi Njeru; Defendant: Patrick Kariithi Njeru; Defendant: Attorney General
Court
High Court
Court Station
High Court at Embu
Jurisdiction
Kenya
Judgment Date
5 May 2008
Case Number
Civil Case 128 of 2005
Procedural Posture
Miscellaneous Application / Ruling on Application to Extend Time for Suing the Government
Outcome
application dismissed
Legal Topics
Malicious Prosecution, Wrongful Imprisonment, Limitation of Actions, Extension of Time
Source Language
english
Tort Law Civil Procedure Malicious Prosecution Wrongful Imprisonment Limitation of Actions Extension of Time

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Summary, issues, holding and outcome

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Parties

Stephen Muriithi Njeru

Plaintiff

Patrick Kariithi Njeru

Defendant

Attorney General

Defendant

Procedural Posture

Miscellaneous Application / Ruling on Application to Extend Time for Suing the Government

Legal Issues

  1. 1 Whether the applicant is entitled to extension of time to sue the Kenya Government as a second defendant under the Public Authorities Limitation Act.
  2. 2 Whether the applicant was under disability at the time the cause of action arose to warrant extension of time.
  3. 3 Whether the delay in filing the application was excusable.

Ratio Decidendi

The court found that the applicant failed to prove any disability at the time the cause of action arose, which is the only ground upon which extension of time may be granted under the Public Authorities Limitation Act. Furthermore, the court noted that there had been inordinate delay in bringing the application, and the reasons advanced—mistake and inadvertence of counsel—did not fall within the statutory exceptions. As such, the court held that it had no jurisdiction to extend time in the absence of statutory grounds and dismissed the application.

Court Disposition

application dismissed

Orders

  • The application to extend time for suing the Kenya Government as second defendant is dismissed.
  • No order as to costs.