In re Application to file suit out of Time by David Mwongela [2020] eKLR Case Summary

Court
High Court at Nairobi (Milimani Law Courts)
Category
Civil
Judge(s)
J. Kamau
Judgment Date
October 27, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2

Case Brief: In re Application to file suit out of Time by David Mwongela [2020] eKLR


1. Case Information:
- Name of the Case: David Mwongela v. Kenya Revenue Authority
- Case Number: Misc Civil Application No 641 of 2019
- Court: High Court of Kenya at Nairobi, Milimani Law Courts
- Date Delivered: 27th October 2020
- Category of Law: Civil
- Judge(s): J. Kamau
- Country: Kenya

2. Questions Presented:
The central legal issues presented before the court were whether David Mwongela could be granted leave to file a defamation suit against the Kenya Revenue Authority out of the statutory time limit, and whether the delays he experienced constituted a disability under the Limitation of Actions Act.

3. Facts of the Case:
The Applicant, David Mwongela, alleged that the Kenya Revenue Authority (KRA) defamed him through media publications between 2016 and 2017. Additionally, he was subjected to a criminal prosecution (Nairobi Criminal Case No 1125 of 2017), from which he was acquitted. Mwongela claimed that he could not file his defamation suit within the statutory period as he was awaiting the outcome of the criminal case. He argued that this delay was due to factors beyond his control, thus justifying his request for an extension to file the suit.

4. Procedural History:
Mwongela filed an Ex parte Originating Summons on 8th October 2019, seeking permission to file a defamation suit out of time. His application was supported by an affidavit asserting that he was under a disability as defined by the Public Authorities Act due to the ongoing criminal proceedings. The court had to determine whether the delay in filing the suit could be excused based on the legal provisions cited by Mwongela.

5. Analysis:
- Rules: The court considered Section 5 of the Public Authorities Act and Section 22 of the Limitation of Actions Act. Section 5 allows actions to be brought within twelve months after the disability ceases, while Section 22 provides a six-year limitation period for actions where a party is under a disability.
- Case Law: The court examined previous rulings related to the interpretation of disability in the context of filing suits. It was established that a mere inability to file a suit due to awaiting other legal proceedings does not constitute a legal disability that would extend the filing period.
- Application: The court reasoned that Mwongela's inability to file the defamation suit was not due to an incapacitating condition as defined under the law. The court highlighted that the statutory provisions require that the disability must be of such a nature that it prevents the party from instituting a suit, which was not the case for Mwongela. Hence, the court concluded that the request for an extension was not justified.

6. Conclusion:
The High Court dismissed Mwongela's application to file suit out of time, concluding that the reasons provided did not meet the legal criteria for granting such an extension. This ruling underscores the strict adherence to statutory limitation periods in civil actions, particularly in defamation cases.

7. Dissent:
There were no dissenting opinions noted in the judgment, as the ruling was delivered by a single judge.

8. Summary:
The case of David Mwongela v. Kenya Revenue Authority illustrates the complexities involved in seeking extensions to file civil suits outside statutory time limits. The court's dismissal of Mwongela's application reinforces the importance of adhering to legal deadlines and clarifies the interpretation of "disability" under the Limitation of Actions Act. This decision serves as a precedent for future cases involving similar issues of delay and the definition of legal disabilities in civil litigation.

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