JUDGMENT
June 22, 1988, Gachuhi JA delivered the following Judgment.
By an ex-parte originating Summons filed under order XXXVI Rule 3 C(1) of the Civil Procedure Rules and Section 3A of the Civil Procedure Act, the respondent applied to the court for extension of the Limitation period to enable him to file suit claiming damages for injuries resulting from a road accident. Such extended period is as required by Section 27 of the Limitation of Actions Act (cap 22). The originating summons was supported by an affidavit which set out in detail the grounds for the application. The High Court was satisfied with the reasons given for the delay in filing suit within the period stated in the Act. The Court granted the order as prayed under prayer 1. Prayer 3 was for costs which were ordered to be costs in the cause. A plaint was filed on December 5, 1983 in the High Court Civil Suit No 4335 of 1983.
Summons were served. Appellant entered appearance and filed defence to the suit. Thereafter made …