AGNES WANJIRU NJOGU V NELSON MBOGO KINYUA [2012] KEHC 3265 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT

AT EMBU

Civil Application 27 of 2012

IN THE MATTER OF LIMITATION OF ACTIONS ACT

AND

IN THE MATTER TO FILE SUIT OUT OF TIME

AND

IN THE MATER OF THE ESTATE OF JOSEPH NJOGU GITHAIGA

BETWEEN

AGNES WANJIRU NJOGU..……………………..……..……………….APPLICANT

VERSUS

NELSON MBOGO KINYUA………………RESPONDENT/INTENDED DEFENDANT

R U L I N G

This is the application dated 21/2/2012 for leave to file a suit for compensation out of time. The Applicant is the wife of the deceased. She has satisfactorily explained the reason why she had not been able to file the suit on time.

I therefore grant the Leave sought and direct that the suit should be filed within 45 days from today.

DELIVERED, SIGNED AND DATED AT EMBU THIS 18TH DAY OF JUNE 2012.

H.I. ONG’UDI

JUDGE

In the presence of:-

Mr. Okwaro for Applicant

Njue CC