Raidolent Achieng Odhiambo v South Nyanza Sugar Co. Ltd [2004] KEHC 1473 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISII MISC. CIVIL APPLICATION NO.99 OF 2003

RAIDOLENT ACHIENG ODHIAMBO …….……………………………. PLAINTIFF VERSUS SOUTH NYANZA SUGAR CO. LTD. ………..……………………….. DEFENDANT

RULING:

Applicant seeks time for filing of suit to be enlarged to enable her file suit out of time. She deponed that her father BOAZ ORONDO ORWA was involved in a road accident on 7/11/97 and died. Her mother Roseline Aoko obtained letters of administration with an intention of filing a suit on behalf of the estate. She however contracted cancer and died.

I have considered the application. The reasons given for delay are not good. Time expired in 1999 and this application was brought four years later. The deceased’s widow died on 9/4/98 a year before time expired. It should not have taken 4 years to bring this application. The firm of Khan & Katiku advocates have not explained why they took that long to send their clerk to trace the deceased’s widow. They have not even attached a draft plaint to the application.

I feel the delay was inordinate and there was no good excuse for the same. Application is dismissed.

KABURU BAUNI JUDGE 15/6/04