MOHAMMED W. WASICHE v JENIPHER A. ODOCK [2004] KEHC 146 (KLR)
- Court
- High Court of Kenya
- Case number
- 146
- Citation
- [2004] KEHC 146 (KLR)
- Decided
- 3 December 2004
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment dismissing an application for extension of limitation periodCoramG.B.M. Kariuki
Holding
The application is dismissed as the requirements of section 28(2) of the Limitation of Actions Act Cap 22 have been complied with, and the applicant and his counsel went into slander.
Facts
The plaintiff, Mohammed W. Wasiche, was involved in an accident on November 2, 1999, while traveling as a passenger in a motor vehicle registered in the name of the defendant, Jenipher A. Odock. He discovered the identity of the owner of the vehicle about 4 years later, on October 15, 2003.
Issues
- Whether the plaintiff's application for extension of limitation period was timely
- Whether the plaintiff and his counsel exercised due diligence in the case
Reasoning
The court found that the plaintiff and his counsel did not exercise due diligence in the case, and the application must fail.
Outcome
Appeal dismissed
Orders
- The application for extension of limitation period is dismissed
Authorities cited
Legislation (1)
- Limitation of Actions Act Cap 22
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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