Judgment[1997] KECA 402
Case law
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Division and case type: CivilCivil Appeal
…Samwel Mose Nyamato, (Civil Appeal No. 96 of 1984), unreported (Nyarangi, Platt & Gachuhi JJ.A.) it was held that the issue of challenge to the granting of leave to file suit out of time can only arise at the trial.…
…In effect his submission on that score was that leave to file suit out of time was improperly granted. The appellant did not however, adduce any evidence on the leave her late husband had obtained to bring the action.…