REPUBLIC OF KENYA HIGH COURT OF KENYA AT KISII MISC CIVIL APPLICATION 176 OF 2004 ANNAH CHESIELE BIEGON ………………………PLAINTIFF/APPLICANT (suing as personal representative of PAUL KIMUTAI BIEGON) VERSUS JAVER REHAMATAH ………………………………DEFENDANT/RESPONDENT RULING: The applicant seeks court to enlarge time to allow him to file suit out of time. He was involved in an accident on 8/5/94. Suit should have been filed within 3 years. He depones that supporting documents were misplaced in the Advocates office. However that fact has not been deponed to by the advocate. It is the advocate who is alleged to have misplaced the documents. He should have sworn an affidavit to state that. The accident occurred over 10 years ago. I am not satisfied that the documents have remained misplaced that long. The application is therefore rejected. KABURU BAUNI AG. JUDGE 23/11/04
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.