TRANSWORLD SAFARIS KENYA LIMITED V. SOMAK TRAVEL LIMITED

RULING OF THE COURT

Mr. Ransley, who appeared with Miss Janmohamed, for the appellant in this appeal, made an oral application before this Court for an order that this appeal be heard by a five judge bench of this Court in view of conflicting decisions of this Court on the procedure to be adopted or applied for challenging a grant of extension of time for filing a suit against a tort-feasor out of time when the superior court has extended such time pursuant to provision made in that behalf in section 28 of the Limitations of Actions Act, Cap. 22, Laws of KeTnhyea (ctohnef liAcctt ).of judicial opinion on the aforesaid issue is certainly there. Nyarangi, Platt and Gachuhi JJ.A in the case of ORUTA and ANOTHER v. SAMWEL MOSE NYAMOTO , (Civil Appeal No. 96 of 1984, Unreported), held unanimously that grant of such leave can only be validly challenged at the trial of the suit filed after grant of such leave. Again in the case of MBITHI v. MUNICIPAL COUNCIL OF MOMBASA and ANOTHER , (Civil Ap…