ANDREW KIPTEK TENDET v SIMON PLUKOL ESOKON [2007] KEHC 1834 (KLR)
- Court
- High Court of Kenya
- Case number
- 1834
- Citation
- [2007] KEHC 1834 (KLR)
- Decided
- 5 June 2007
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMisc Civil AppliPostureApplication for leave to institute civil proceedingsCoramFRED A. OCHIENG
Holding
The application is incompetent and is struck out.
Facts
The applicant's son, Geoffrey Ngeiywa Tendet, was killed on 7th December 2001. The respondent was charged with manslaughter and was convicted and sentenced to two years imprisonment. The applicant applied for a limited grant on 31st October 2006 and now seeks to institute civil proceedings.
Issues
- Whether the court should grant leave to institute civil proceedings despite the limitation period having lapsed
- Whether the applicant had a disability preventing him from taking steps to bring the intended action within the time prescribed by law
Reasoning
The applicant did not demonstrate he was unable to apply for the limited grant soon after his son's death, and the court found no disability preventing him from taking steps to bring the intended action within the time prescribed by law. The applicant did not move the court by originating summons as stipulated.
Outcome
Application struck out
Orders
- Application struck out
Authorities cited
Legislation (2)
- Limitation of Actions Act
- Civil Procedure Rules
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.
Loading judgment…