Mary Wahito (A minor suing thru' next friend Gladys Wairimu Waiguru ) & another v Kenya Posts & Telecommunications Corporation & another [1997] KECA 167 (KLR)
- Court
- Court of Appeal
- Case number
- 167
- Citation
- [1997] KECA 167 (KLR)
- Decided
- 11 December 1997
The suit is not time-barred under Section 109 of the Act as the negligent act occurred in the execution of a public duty. The order extending the time to institute the suit is invalid.
Facts
The second respondent was employed by the first respondent as a driver. On January 1, 1991, he was instructed to drive the first respondent's vehicle from Nyeri to Mukurwe-ini to deliver engineering equipment for the installation of STD exchange line. An accident occurred during the journey.
Issues
- Whether the suit was time-barred under Section 109 of the Kenya Posts and Telecommunications Corporation Act
- Whether the trial court erred in granting an order extending the time to institute the suit
Reasoning
The court held that the negligent act was in the execution of a public duty and thus protected by Section 109 of the Act. The trial court's order extending the time to institute the suit was invalid as it was granted ex parte.
Outcome
Appeal dismissed with no order as to costs
Authorities cited
Legislation (1)
- Kenya Posts and Telecommunications Corporation Act Cap 411 Laws of Kenya
Cases cited (2)
- Stanley Kigara Kagombe vs Michael Maina & Another Nairobi H.C.C.C. NO. 3762 of 1993 (unreported)
- HALSBURY'S LAWS OF ENGLAND Vol.28 paragraph 601
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