Peter M. Mbogo v Dester Nawe & another [2013] KEHC 2319 (KLR)
- Court
- High Court of Kenya
- Case number
- 2319
- Citation
- [2013] KEHC 2319 (KLR)
- Decided
- 19 September 2013
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplicant seeks leave to file a suit out of the statutory stipulated timeCoramJ. Wakiaga
Holding
The application must fail as it does not meet the provisions provided for under section 27 of the Limitation of Actions Act
Facts
On 12th November 2007, the Applicant's driver was driving a Toyota Matatu when the 1st Respondent, Dester Nawe, carelessly parked a lorry trailer, causing the Applicant's vehicle to ram into the trailer.
Issues
- Whether the Applicant falls within the exception as stipulated under section 27 of the Limitation of Actions Act
Reasoning
The Court of Appeal held that to extend time for filing a suit, the action must be founded on tort and must relate to the tort of negligence, nuisance, or breach of duty, and the damage claimed must be personal injuries resulting from the tort. The damage sought is material damage, and the only reason advanced is wrong legal advice.
Outcome
Application dismissed with no order as to costs
Orders
- Application dismissed
Authorities cited
Legislation (2)
- Civil Procedure Rules 2010
- Limitation of Actions Act
Cases cited (2)
- MARY OJUNDWA v NZOIA SUGAR CO. LTD. CIVIL APPEAL NO. 244 OF 2000
- FRANCIS MUGO NDEGWA vs AMBOSELI COURT NAIROBI MISC. CIVIL APPLICATION NO. 376 OF 2012
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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