Case law
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Division and case type: High Court DivCivil Appeal
…memorandum of appeal dated 9th May 2023 and filed herein on 10th May 2023 in which the Appellant faults the trial court for dismissing the impugned application without good reason and sufficient evidence and on the basis of time…
…limit, yet in an application for revocation of grant there is no set time limit.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…It is in the same language with section 75 of the Elections Act, Cap 7, Laws of Kenya, which sets a time limit of six months, and it was held in Martha Wangari Karua vs.…
…Section 175(3) of Public Procurement and Disposal Authority Act, Cap 412C, Laws of Kenya, similarly carries a time limit of forty five days, for disposal of suits, relating to procurement and disposal of assets, and in Aprim…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…It is in the same language with section 75 of the Elections Act, Cap 7, Laws of Kenya, which sets a time limit of six months, and it was held in Martha Wangari Karua vs.…
…Section 175(3) of Public Procurement and Disposal Authority Act, Cap 412C, Laws of Kenya, similarly carries a time limit of forty five days, for disposal of suits, relating to procurement and disposal of assets, and in Aprim…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The 1st appellant conceded that the borrowing did not exceed the maximum amount of the facility, USD 2,000,000.00, but it exceeded the time limit placed by the 1st appellant.…
…The excess interest was to be charged upon the maximum amount of the facility being exceeded, and not the time limit placed by the 1st appellant. Those were the terms that had been signed to by the parties.…
Division and case type: CivilCivil Appeal
…The oral agreement of sale provided no time limit for completion of payment. He had taken possession of the said car in 1990.…
…The learned magistrate further found that lack of time limit for the completion of the payment did no validate the contract.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Issues for Determination After careful review of the record, pleadings, and submissions, I find that the following issues arise for determination: - Whether the appeal was filed within the statutory time limit and is therefore…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…I am not convinced after considering the evidence adduced in court and the pleadings, together with the submissions filed, that there was no time limit set for the repayment of the debt.…
Division and case type: High Court CivilCivil Appeal
…Even without considering the reasons given by the appellant for the purported delay in filing the Appeal, it is apparent that it was well within the time limit contrary to the assertions made by the Respondent.” 13.…
Division and case type: CivilCivil Appeal
…He had first to show under rule 4 that there is sufficient reason to extend the time limit, Abdul Aziz Ngoma v Mungai Mathayo and another [1976] KLR 61.…
Division and case type: High Court DivCivil Appeal
…law and fact in allowing the preliminary objection yet the same raised issues of fact. b. that the learned trial magistrate erred in law and fact in finding that the appellants were guilty of laches whereas there is no time…
…limit for filing summons for revocation of grant. c. that the learned trial magistrate erred in law and fact in relying on the case of Tabitha Wanjiru v Jotham Kihiko Hika & 2 others [2017] KEHC 532 (KLR) whereas the same…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…E039 of 2021 (unreported), with respect to Judicial Review proceedings relating to disputes under the Public Procurement and Assets Disposal Act, where section 175 provides for a time limit of forty-five days.…
…Independent Electoral and Boundaries Commission & 3 others [2019] eKLR [2019] KESC 26 (KLR) (Maraga, CJ&P, Ibrahim, Wanjala, Ndungu & Lenaola, SCJJ), it was held that section 75 of the Elections Act, places a time limit of…
Division and case type: High Court DivCivil Appeal
…The court finds that the said memorandum of appeal filed outside the statutory time limit of 30 days without leave of the court was thus incompetent and fatally defective.…
Division and case type: High Court DivCivil Appeal
…The court finds that the said memorandum of appeal filed outside the statutory time limit of 30 days without leave of the court was thus incompetent and fatally defective.…
Division and case type: CriminalCriminal Case
…I see nothing wrong with the closing orders that were issued in this case except that there was no time limit specified for abating the nuisance in the suit premises as required in law.…
Division and case type: High Court DivCivil Appeal
…Respondent also cited Section 79G of the Civil Procedure Act, pointing out that the judgment being appealed was delivered on 18th December 2023, while the Memorandum of Appeal was filed on 13th February 2024 beyond the permitted time…
…limit for filing an appeal.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Even without considering the reasons given by the appellant for the purported delay in filing the Appeal, it is apparent that it was well within the time limit contrary to the assertions made by the Respondent.”…
Division and case type: CivilCivil Appeal
…Insurance claims arising from damage or loss are of such a nature that they take quite a bit of time to investigate and to attempt to impose time limit within which they must be settled would not only be unreasonable, but…
Division and case type: High Court DivCivil Appeal
…No leave of this Honourable Court was sought before filing the appeal outside the statutory time limit. Accordingly, the Respondent/Applicant challenges the competency of the Appeal. 5.…
Division and case type: CivilCivil Appeal
…Failure to confirm such willingness within this time limit will be regarded as refusal to accept such appointment and such refusal will result in the application of the above quoted section of the Pensions Act ie payment…
Division and case type: High Court CivilCivil Appeal
…(ii) The Respondent was entirely unaware that the law imposed a strict three-year time limit for filing tortious actions.…