Case law
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Division and case type: Environment and Land CourtCivil Suit
…And that the issue of limitation of actions goes to the jurisdiction of the court and needs to be considered and determined.…
…That such claim under section 7 of the Limitation of Actions Act has a limitation period of 12 years which has not elapsed.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…It follows then that Order 50 Rule 3 cannot apply to the provisions of the Limitation of Actions Act, unless the Limitation of Actions Act itself has allowed it, for the Civil Procedure Rules was not passed under the Limitation…
…of Actions Act, for the purpose of the Limitation of Actions Act, but under the Civil Procedure Act, for the purposes of the Civil Procedure Act.…
Division and case type: Environment and Land CourtCivil Suit
…The suit is time barred having been brought outside the statutory limitation in view of Sections 4(2) and 32 of the Limitation of Actions Act, 2012. 2.…
…In the Limitation of Actions Act and within the provisions of section 4 it provides that; “4.…
Division and case type: High Court DivCivil Appeal
…the Limitation of Actions Act. v.…
…the Limitation of Actions Act.…
Division and case type: MERU HIGH COURTCivil Appeal
…In the ordinary application of section 4(2) of the Limitation of Actions Act, the three-year limitation period expired on 3rd March 2021.…
…Accordingly, the Christmas vacation cannot be excluded when calculating the three years prescribed under section 4(2) of the Limitation of Actions Act. 19.…
Division and case type: High Court DivCivil Appeal
…Section 27 and 28 of the Limitation of Actions Act: These sections allow a Court of competent jurisdiction to extend the time to file a suit. ii.…
…the Limitations of Actions Act.…
Division and case type: Environment and Land CourtCivil Suit
…That the suit is statute-barred under Section 7 of the Limitation of Actions Act; b. That the Defendants are wrongly sued; and c. …
…(ii) Limitation of Actions and Fraud 17. Section 7 of the Limitation of Actions Act prescribes a twelve-year limitation period for actions to recover land.…
Division and case type: Environment and Land CourtCivil Suit
…Quoting the pleadings in paragraphs 15 and 16 of the plaint, Counsel submitted that the suit was statutorily time-barred under sections 7 and 9(2) of the Limitation of Actions Act because L.R. NO.…
…That section 7 of the Limitation of Actions Act forbids any actions to recover land against the Defendants after 12 years from the date the cause of action first accrued to the deceased.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…to bring the suit within the exception in Section 27 of the Limitations of Actions Act.…
…He was cross-examined on this particular matter of limitations of action. Again he was re-examined by Mr.Kiogora on the issue of Limitation of Action. All that he did was to blame his advocate for the delay.…
Division and case type: Environment and Land CourtCivil Suit
…the Limitation of Actions Act, Chapter 22 Laws of Kenya.…
…the Limitation of Actions Act and urged the court to find that the plea of limitation of actions is without basis.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…They stated that the application offends the mandatory provision of section 4(2) of the Limitation of Actions Act and section 20 of the Defamation Act (Chapter 36 of the Laws of Kenya).…
…the Limitation of Actions Act: This appeal raises the question of the true construction of section 4 (4) of the Act.…
Division and case type: CivilCivil Appeal
…the Limitation of Actions Act (cap 22).…
…(c) The learned judge erred in law in holding that section 27(1)(a) and (b) of the Limitation of Actions Act (cap 22) Laws of Kenya, in no way affected the period of limitation provided for actions founded on contract.…
Division and case type: Environment and Land CourtCivil Suit
…Further reliance was placed on the provisions of Section 4(2) of the Limitation of Actions Act, to anchor the proposition that the Plaintiff’s claim against the 1st Defendant is time-barred.…
…Plaintiff to dispense with the provisions of Section 4(2) of the Limitation of Actions Act.…
Division and case type: Environment and Land CourtCivil Suit
…Section 4 (1) of the Limitation of Actions Act provides that no action shall be brought after 6 years from the date the cause of action accrued. v.…
…the Limitation of Actions Act.…
Division and case type: Environment and Land CourtCivil Suit
…The Court has carefully gone through the present PO and notes that it is premised on the provisions of Section 4 (1)(a) and 26 of the Limitation of Actions Act, Cap 22. 15. …
…the Limitation of Actions Act, Cap 22 or not.…
Division and case type: High Court DivCivil Appeal
…the Limitation of Actions Act.…
…(b) That the learned trial magistrate erred in law and in fact by failing to appreciate and apply the provisions of Section 4(2) of the Limitation of Actions Act.…
Division and case type: Environment and Land CourtCivil Suit
…Under Section 7 of the Limitations of Actions Act, the plaintiff's family had 12 years to file a suit to recover the loss.…
…According to the respondent, the time started to run for the limitation of actions from June 2021. Hence, the court has jurisdiction to handle this matter. 15.…
Division and case type: High Court CivilCivil Appeal
…the Limitation of Actions Act.…
…That the only issue of law was on Limitation of Actions Act. 14.…
Division and case type: High Court DivCivil Appeal
…The Appellant during the trial argued that the suit was statutorily time barred as it was filed outside the time frame of one year prescribed by section 29 of the Limitation of actions Act.…
…Thirdly, that a mistake of an advocate is not a proper ground for grant of leave under sections 27, 28 and 30 of the Limitations of Actions Act.…
Division and case type: High Court CivilCivil Suit
…Further, that Article 159 cannot override the Limitations of Actions Act as it is not a panacea for non-compliance with statutory provisions. 9.…
…Further, that section 23 (3) of the Limitation of Actions Act provides that where there is an acknowledgement, the cause of action arises on this date.…