Joseph Omuse Ang’oledor v Gender Based Violence and Recovery Centre (Jootrh) & 2 others [2021] KEHC 3685 (KLR)
- Court
- High Court of Kenya
- Case number
- 3685
- Citation
- [2021] KEHC 3685 (KLR)
- Decided
- 22 September 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureApplication for leave to file suit out of timeCoramFRED A. OCHIENG
Holding
The application is dismissed with costs to the respondents
Facts
The applicant was arrested and detained by the Chief Police Inspector Obunga on May 25, 2018, and later released without charges. He instructed his lawyers to file a suit against the respondents on August 28, 2018, but the suit was not filed within the statutory period.
Issues
- Whether the applicant can file a suit out of time due to the delay in filing by his lawyers
- Whether the applicant was under disability that prevented him from filing the suit within the prescribed period
Reasoning
The court found that the applicant did not demonstrate good and sufficient cause for the delay, did not take all reasonable steps to pursue his claim, and did not show any disability that prevented him from filing the suit within the prescribed period.
Outcome
Dismissed
Orders
- Application dismissed with costs
Authorities cited
Legislation (2)
- Public Authorities Limitation Act
- Limitation of Actions Act
Cases cited (2)
- JOYCE WAMUHU GITAU, MISC. APPLICATION NO. 348 OF 2014
- GATHONI Vs KENYA CO-OPERATIVE CREAMERIES LIMITED (1982) KLR 104
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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