DOMINIC NJUGUNA WAIRIMU V. JOSEPH WAMBUGU KIBE

JUDGMENT OF THE COURT

1. This appeal raises the question whether the lower court correctly refused to grant the appellant leave to appeal out of time under Section 27 of the Limitation of Actions Act.

Background

2. The record shows that on or about 30^th April 1994 Dominic Njuguna Wairimu, (the appellant) was driving motor vehicle registration number KUX132 along Thika Road, Nairobi when his vehicle was involved in a collision with vehicle registration number KWK 316 registered in the name of Joseph Wambugu Kibe (the respondent). He was then 36 years old and an employee of a firm known as Lutz General Building Enterprises where he was working as a Field Manager. As a result of the collision, he sustained severe injuries including a head injury that resulted in loss of consciousness for about three months as well as loss of memory.

3. On 9^th August 2004, almost 10 years after the road traffic accident, the appellant applied to the High Court at Nairobi, for leave to file suit out of time. T…