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…This appeal is solely concerned with the question of limitation of time.…

…Whether the Trial Court Relied on the Right Law in Dismissing the Concerns on Limitation of Time 44.…

…This appeal is solely concerned with the question of limitation of time.…

…Whether the Trial Court Relied on the Right Law in Dismissing the Concerns on Limitation of Time 44.…

…appellant appealed to this Court setting out 4 grounds of appeal which can be summarized into one broad ground; that the trial court erred and misdirected itself by relying on the wrong principles when determining the issue of…

…limitation of time thereby dismissing the Appellant’s case herein. 6.…

…The suit was therefore dismissed with costs on account of limitation of time. The appeal herein was canvassed by way of written submissions. The Appellant’s submissions are undated but were filed on 29th January 2025.…

…We hold the view that from the material placed before the learned Judge, it was clear that the issue of limitation of time was not crystal clear and it was necessary that parties be availed opportunity to call evidence in…

…The Trial Magistrate also found that there was no law barring the Respondent to claim refund on account of limitation of time.…

…In the case of Mtana Lewa vs Kahindi Ngala Mwagandi [2015] eKLR, the Court of Appeal (Asike-Makhandia JA) explained the purpose of the Limitations of Actions Act as follows: Limitation of time for land claims as with claims…

…The issue of limitation of time immediately comes into mind as this suit was filed twenty (20) years after the cause of action arose.…

…The Trial Magistrate also found that there was no law barring the Respondent to claim refund on account of limitation of time.…

…Arguing these ground, learned counsel for the 1st defendant submitted that the agreement having been entered into in 1982, it cannot be enforced due to limitation of time by statute and further that the 1st defendant repudiated…

…Of course, where a suit is filed outside limitation of time, but with leave, the plaintiff should always plead, in its papers, that the suit was filed with leave, and the order granting leave ought to be amongst the documents…

…The judgement herein is more that twelve (12) years old and is caught up by limitation of time. 5.…

…The trial Magistrate dealt with the issue of time limitation in respect to execution of a decree and disposed of the preliminary Objection on that score. This dismissal, is the subject of this appeal. 7.…

…to give effect to express statutory provision to wit Oder 4 of the Civil Procedure Rules and to judicial precedents set by court of appeal and which precedent was binding on the trial magistrate to the effect that plea of…

…limitation of time must be pleaded. iii.…

…What the respondent seems to have done in this case is to hide behind the amendments to evade the issue of Limitation of time. 19.…

…to dismiss the suit upon finding out that the suit is statutory time barred. 3) That the learned trial magistrate erred in law and in fact by being subjective as opposed to being objective when dealing with the defence of…

…time limitation put forth by defendant. 4) That the learned trial magistrate erred in law and in fact by positing that filing a suit out of time without leave of court is a procedural technicality curable under overriding…

…to dismiss the suit upon finding out that the suit is statutory time barred. 3) That the learned trial magistrate erred in law and in fact by being subjective as opposed to being objective when dealing with the defence of…

…time limitation put forth by defendant. 4) That the learned trial magistrate erred in law and in fact by positing that filing a suit out of time without leave of court is a procedural technicality curable under overriding…

…Similarly, in the case of Mutuku v Multichoice Kenya Limited & Another (Cause E1039 of 2023) [2024] KEELRC 1028 (KLR) (17 th April 2024) the court held thus: “it is trite law that issues of limitation of time go to the jurisdiction…

…to dismiss the suit upon finding out that the suit is statutory time barred. 3) That the learned trial magistrate erred in law and in fact by being subjective as opposed to being objective when dealing with the defence of…

…time limitation put forth by defendant. 4) That the learned trial magistrate erred in law and in fact by positing that filing a suit out of time without leave of court is a procedural technicality curable under overriding…

…It was emphatic that the 1 st Respondent’s claim was barred by limitation of time and that any purported claim therein was barred by law and the Trial Court could not grant any of the reliefs sought including the orders in…