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NATIONAL HOSPITAL INSURANCE FUND (NHIF) v EQUITY BUILDING SOCIETY [2006] KEHC 693 (KLR)

[2006] KEHC 693 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
693
Citation
[2006] KEHC 693 (KLR)
Decided
6 December 2006
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeApplication for Leave to Enlarge TimePostureApplication for leave to enlarge time for filing notice of non-admissionCoramF. AZANGALALA, MARY KASANGO
Holding

The application is granted

Facts

The plaintiff, National Hospital Insurance Fund (NHIF), applied for leave to enlarge time for filing a notice of non-admission due to an oversight by their counsel, which caused the time to respond to the defendant's documents to lapse.

Issues

  1. Whether the application for leave to enlarge time should be granted
  2. Whether the defendant will be prejudiced by the late filing of the notice of non-admission

Reasoning

The court found that the plaintiff's counsel's mistake was not visited upon the client and that no prejudice would be caused to the defendant if the application was allowed.

Outcome

Granted

Orders

  • The notice of non-admission filed on 24.4.2006 is deemed duly filed and served

Authorities cited

Cases cited (2)
  • Joseph Njuguna Muniu vs Medicino Giovanni
  • Husband's of Marchwoo
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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