Muthoni Mugo v James Osiebe & another [2017] KEHC 9589 (KLR)
- Court
- High Court of Kenya
- Case number
- 9589
- Citation
- [2017] KEHC 9589 (KLR)
- Decided
- 8 November 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for extension of time and leave to amendCoramB. THURANIRA JADEN
Holding
The application is allowed and the Plaintiff/Applicant is granted leave to proceed with the suit despite the initial suit being filed out of time, leave to amend the plaint, and costs are provided for.
Facts
The Plaintiff/Applicant filed the initial suit CMCC No.3013 of 2007 out of time. The Plaintiff/Applicant filed an application on 12th June, 2017 seeking various orders including extension of time, leave to proceed with the suit despite the initial suit being filed out of time, leave to amend the plaint, and costs.
Issues
- Extension of time for filing the suit
- Leave to proceed with the suit despite the initial suit being filed out of time
- Leave to amend the plaint
- Costs
Reasoning
The delay in filing the suit was two days and was not inordinate. The delay was explained by the Plaintiff/Applicant's travel and work in Kisumu. The application was unopposed.
Outcome
Application granted
Orders
- Leave to proceed with the suit despite the initial suit being filed out of time
- Leave to amend the plaint
- Costs provided for
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…