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DAVID STEPHEN GATUNE V. HEADMASTER, NAIROBI TECHNICAL HIGH SCHOOL & ANOTHER

(1986) JELR 104937 (CA)

Court of Appeal  •  Civil Appeal 79 of 1982  •  16 Apr 1986  •  Kenya

Coram
James Onyiego Nyarangi, Harold Grant Platt, Alan Robin Winston Hancox

Judgement

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 on 30th November 1982 the appellant filed this appeal against the order of the trial judge on grounds which may be summarized as under: the trial judge erred in his interpretation of the purpose of section 22 of the Limitation of Actions Act (the Act), in not appreciating that a m…

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