Alnoor Al Mustaqeen v officer Commanding Police Station Garbatulla & 2 others [2014] KEHC 2695 (KLR)
- Court
- High Court of Kenya
- Case number
- 2695
- Citation
- [2014] KEHC 2695 (KLR)
- Decided
- 22 October 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureEx-parte Originating Summons to extend time to institute suitCoramLESIIT
Holding
The application for extension of time to institute suit is allowed, and the applicant is granted leave to file a civil suit out of time.
Facts
The applicant filed a Constitutional Petition against the respondents seeking damages for loss of earnings and use of a motor vehicle. The case was heard by the judge, and the court awarded damages for the contravention of Article 40 of the Constitution. The applicant then moved to file a civil suit out of time.
Issues
- Whether the applicant's application for extension of time to institute suit is valid
- Whether the applicant's claim for damages for tortuous acts can be considered in a constitutional petition
Reasoning
The court ruled that the applicant's claim for damages for tortuous acts should have been filed in a civil suit, not a constitutional petition. The applicant acted with expedition after becoming aware of the necessity for a civil suit.
Outcome
The application is granted.
Orders
- An order extending time of instituting suit to the applicant
- Leave granted to the applicant to file suit out of time
- The applicant to bear his own costs of this summons
- Leave granted in (2) above lapses in 30 days from date hereof
Remedies
- Extension of time to institute suit
- Leave to file suit out of time
Authorities cited
Legislation (3)
- Civil Procedure Rules
- Civil Procedure Act
- Limitations of Actions Act
Cases cited (3)
- James Mangeli Musoo v. Ezeetec Ltd
- Cpt. (Rtd) Charles Masinde v. Intergovernmental Authority on Development
- Shah v. Mbogo and another
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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