IN THE COURT OF APPEAL
AT NAKURU
(CORAM: HANCOX, NYARANGI JJA and PLATT Ag JA)
CIVIL APPEAL NO. 79 OF 1982
BETWEEN
DAVID STEPHEN GATUNE........................................APPELLANT
AND
THE HEADMASTER, NAIROBI TECHNICAL
HIGH SCHOOL and ANOTHER..................................RESPONDENT
JUDGMENT
(Appeal from an Order of the High Court at Nakuru, Mead J)
April 16, 1986, Nyarangi JA delivered the following Judgment.
On the 23rd day of October 1981 the appellant David Stephen Gatune as applicant moved the High Court, Nakuru (Mead J as he then was) by a Notice of Motion ex parte pursuant to section 22 and 28 of the Limitation of Actions Act and Order L(1) of the Civil Procedure Rules and Section 63(e) of the Civil Procedure Act for an order that, he, the applicant be granted leave to file his case against the respondents, The Headmaster, Nairobi Technical High School and the Attorney-General and the period of limitation be extended.
The trial Judge dismissed the application on 7th January 1982 and…