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Oruta & another v. Nyamato

(1988) JELR 94167 (CA)

Court of Appeal  •  Civil Appeal 96 of 1984  •  22 Jun 1988  •  Kenya

Coram
John Mwangi Gachuhi, James Onyiego Nyarangi, Harold Grant Platt

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram: Nyarangi, Platt and Gachuhi JJA)

CIVIL APPEAL NO 96 OF 1984

Between

ORUTA and ANOTHER ...................................................APPELLANT

AND

NYAMATO...............................................................RESPONDENT

JUDGMENT

(Appeal from a Ruling of the High Court at Nairobi, O’Kubasu J)

June 22, 1988, Gachuhi JA delivered the following Judgment.

By an ex-parte originating Summons filed under order XXXVI Rule 3 C(1) of the Civil Procedure Rules and Section 3A of the Civil Procedure Act, the respondent applied to the court for extension of the Limitation period to enable him to file suit claiming damages for injuries resulting from a road accident. Such extended period is as required by Section 27 of the Limitation of Actions Act (cap 22). The originating summons was supported by an affidavit which set out in detail the grounds for the application. The High Court was satisfied with the reasons given for the delay in filing suit within the …

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