Please Wait. Searching ...
|Case Number:||Misc Application 240 of 2012|
|Parties:||Andrew Muli Mwinzi v Kay Construction Co. Ltd|
|Date Delivered:||09 Oct 2013|
|Court:||High Court at Nairobi (Milimani Law Courts)|
|Judge(s):||Hatari Peter George Waweru|
|Citation:||Andrew Muli Mwinzi v Kay Construction Co. Ltd  eKLR|
|Case Outcome:||Struck out|
|Disclaimer:||The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information|
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MISC APPLICATION NO 240 OF 2012
ANDREW MULI MWINZI..................................................... APPLICANT
KAY CONSTRUCTION CO. LTD......................................RESPONDENT
1. In the application herein (originating summons dated 2nd April 2012) the Applicant seeks leave to file suit out of time. The intended suit is for damages for personal injuries received in an industrial accident. Such suit would of course have to be filed before the Industrial Court, though in the draft plaint annexed to the application the indicated court is the Chief Magistrate’s Court.
2. The application is brought under sections 27 and 28 of the Limitation of Actions Act, Cap 22 (the Act). Section 28(5) of the Act provides –
“28.(5) In this section and in section 27 “court”, in relation to an action, means the court in which the action has been or is intended to be brought”.
3. The court to hear the Applicant’s application to file suit out of time is thus the Industrial Court and he should have applied there. Let him apply before that court. As far as this court is concerned the application is incompetent and is hereby struck out with no order as to costs. It is so ordered.
DATED AND SIGNED AT NAIROBI THIS 2ND DAY OF OCTOBER 2013
H. P. G. WAWERU
DELIVERED AT NAIROBI THIS 9TH DAY OF OCTOBER 2013