The defendants brought a preliminary objection that under s 2 of the Carriage of Goods by Sea Act (the COGSA), read with art 3.6 of the Hague-Visby Rules, the plaintiff's suit was time-barred, and the Court lacked jurisdiction to hear it. The defendants submitted that the Rules are very clear that any suit for loss or damage arising from carriage by sea must be commenced within one year, and in default the carrier is discharged from liabilities. The Court has no business adjudicating matters that the statute states are discharged. The Court lacked jurisdiction to entertain the dispute and/or even extend time.

The plaintiff, however, submitted that the High Court in Mombasa Misc E042 of 2024 granted the plaintiff leave to institute the suit; therefore, it was properly filed before the Court. The issue was whether the Court has the power to extend time. The overriding objective of the Court is to facilitate the just, expeditious, proportionate, and affordable resolution of disputes under s 1B of the Civil Procedure Act.

Held: The preliminary objection has no merit, and is dismissed.

The suit was filed on 30 March 2024 after the plaintiff obtained leave to file suit out of time. This leave was granted on 19 March 2024 by Florence Wangari Macharia J. A Court with similar jurisdiction granted the order. This Court cannot sit on appeal on that decision. The best course of action for the defendants to deal with the issue would have been through an application for review or an appeal.