R U L I N G
This is an application by notice of motion dated June 18, 2004 for leave to lodge a Memorandum and Record of Appeal in an intended appeal against the decision of Angawa J delivered on 30th October 2002.
This decision arose out of a preliminary objection that the plaintiff’s suit in High Court Civil Case No.982 of 1999 was statute barred. The plaintiff in the superior court Teresia Njeri Karanja ("the widow") was the widowed wife of Karanja Kinyatha who was a passenger in a motor vehicle that was involved in an accident on September 11, 1996 with another vehicle belonging to the Government of Kenya.
Karanja Kinyatha ("the deceased") died as a result of the accident. The date of his death was May 20, 1997. He thus died approximately eight months after the accident occurred.
The widow on behalf of the deceased's estate sued the Attorney General, on May 2, 1998.
When the suit came for hearing in the superior court on October 29, 2002 State Counsel for the defendant raised a prelimi…