William Njau Kamau v Kimuri Housing Co. Ltd & another [2021] KEELC 3012 (KLR)
- Court
- Environment & Land Court
- Case number
- 3012
- Citation
- [2021] KEELC 3012 (KLR)
Summary at a glance
TypeMiscellaneous ApplicationPostureApplication for leave to file suit out of timeCoramK. BOR
The court declines to grant the applicant leave to file the suit out of time.
Facts
The applicant, William Njau Kamau, sought leave to file a suit out of time due to government restrictions on movement during the COVID-19 pandemic. His advocate, Michael Kamau Kinga, claimed that the restrictions prevented the timely filing of the suit.
Issues
- Whether the applicant should be granted leave to file a suit out of time due to government restrictions on movement during the pandemic.
- Whether the applicant's advocate's inability to file the suit was due to the restrictions or other reasons.
Reasoning
The court is not persuaded that it should exercise its discretion in favor of the applicant and declines to grant the orders sought in the application dated 1/7/2020. The application does not disclose why the suit could not be filed before April 2020 when the Government imposed travel restrictions.
Outcome
The application is dismissed.
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