ASKAH MOGENDI & ANOTHER V SHEM MAGARA [2012] KEHC 1761 (KLR)
- Court
- High Court of Kenya
- Case number
- 1761
- Citation
- [2012] KEHC 1761 (KLR)
- Decided
- 19 October 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLimitation of Actions ActPostureApplication for extension of limitation periodCoramG V ODUNGA, Miss Ndisho
Holding
Time is hereby extended to the plaintiffs to file a suit in terms of the draft plaint annexed to the Originating Summons.
Facts
The plaintiffs were prevented from filing suit due to the 1st plaintiff's absence from Kenya since 2009 and lack of material facts regarding the accident.
Issues
- Whether the plaintiffs fulfilled the conditions set out in section 27(2) of the Limitation of Actions Act
- Whether the plaintiffs took reasonable steps to ascertain the facts
Reasoning
The plaintiffs fulfilled the conditions necessary to enable them move to the next stage of the proceedings, but the draft plaint annexed to the Originating Summons cannot be deemed duly filed.
Outcome
Time extended to the plaintiffs to file a suit within ten days from the date of the judgment.
Orders
- Time extended to the plaintiffs to file a suit in terms of the draft plaint annexed to the Originating Summons
Authorities cited
Legislation (2)
- Limitation of Actions Act Cap 22
- Civil Procedure Rules 2010
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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