[2021] KEELC 3012 (KLR)
The court found that the Applicant failed to provide a satisfactory explanation for the delay in filing suit prior to the imposition of Covid-19 movement restrictions in April 2020. The application did not disclose when the Applicant instructed his advocate or when the pleadings were prepared. The court was not...
Source-derived case information.
- Citation
- [2021] KEELC 3012 (KLR)
- Parties
- Applicant: William Njau Kamau; Respondent: Kimuri Housing Co. Ltd; Respondent: Margaret W. Ngugi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Application 59 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to File Suit Out of Time
- Outcome
- application dismissed
- Judges
- AK Bor
- Legal Topics
- Extension of Time, Limitation Periods, Covid 19 Restrictions, Filing Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
William Njau Kamau
Applicant
Kimuri Housing Co. Ltd
Respondent
Margaret W. Ngugi
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to File Suit Out of Time
Legal Issues
- 1 Whether the Applicant has demonstrated sufficient cause for extension of time to file suit out of time.
- 2 Whether Covid-19 movement restrictions constituted a valid reason for delay in filing the suit.
Ratio Decidendi
The court found that the Applicant failed to provide a satisfactory explanation for the delay in filing suit prior to the imposition of Covid-19 movement restrictions in April 2020. The application did not disclose when the Applicant instructed his advocate or when the pleadings were prepared. The court was not persuaded that the difficulties cited justified the entire period of delay, and therefore declined to exercise its discretion to grant leave to file suit out of time.
Court Disposition
application dismissed
Orders
- The application dated 1/7/2020 seeking leave to file suit out of time is dismissed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NAIROBI
ELC MISC. APPLICATION NO. 59 OF 2020
WILLIAM NJAU KAMAU...........................................................APPLICANT
VERSUS
KIMURI HOUSING CO. LTD...........................................1ST RESPONDENT
MARGARET W. NGUGI...................................................2ND RESPONDENT
RULING
The Applicant filed the application dated 1/7/2020 seeking leave to file a suit out of time. The Applicant averred that he instructed his advocates to file suit and that the advocates prepared the pleadings but before they could be filed, the government issued restrictions on movement in certain counties to prevent further spread of the Covid – 19 virus. The Applicant claimed that he was affected by the restrictions on movement since he was out Nairobi and the suit could not be filed within the stipulated period.
The application was supported by the affidavit of Michael Kamau Kinga, the advocate representing the Applicant. He deponed that his firm was instructed to file suit on behalf of the Plaintiff but before they could file the plaint the government imposed restrictions on movement into and out of the Nairobi Metropolitan area. He averred that by then he was in his rural home in Machakos Country and could not travel to Nairobi. He averred that since he was the only signatory to his firm’s bank account, there was no way the suit could be filed without payment of the court fees. He stated that after he obtained his Law Society of Kenya card he reported to the office on 22/6/2020 and thereafter filed this application.
Elizabeth Waweru swore the supplementary affidavit on 17/12/2020. She averred that they inadvertently omitted to attach the intended pleadings to the application dated 1/7/2020. She attached the draft plaint and list of documents.
The application does not disclose why the suit could not be filed before April 2020 when the Government imposed travel restrictions. Further, it is not clear when the Applicant instructed the advocate to file suit and when the advocates prepared the documents which they claim they could not file in court owing to the difficulty in accessing the bank account for purposes of paying the filing fees. The court is not persuaded that it should exercise its discretion in favour of the Applicant and declines to grant the orders sought in the application dated 1/7/2020.
DELIVERED VIRTUALLY AT NAIROBI THIS 25TH DAY OF MAY 2021.
K. BOR
JUDGE
In the presence of: -
Ms. W. Wandungi holding brief for Ms. E. Waweru for the Applicant
Mr. V. Owuor- Court Assistant
No appearance for the Respondents