Case law
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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: 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: 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: 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: 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: 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 Civil Appellate DivisionCivil Appeal
…the Limitation of Actions Act such that the cause of action accrues on the date of the occurrence of the tort.” 12.…
…Time starts to run from the date of the cause of action as Section 4 of the Limitation of Actions Act stipulates. The Appellant had three years to file suit.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The Respondent’s counter claim was objected to an account of the same being statutorily barred having been brought after the six (6) year period allowed in law under Section 4 (i) (a) of the Limitation of actions Act.…
…the Limitations of Actions Act.…
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 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 DivCivil Appeal
…of Action Act.…
…the Limitation of Actions Act (Cap 22) as well as section 27 (2) of the Limitation of Actions Act, noting further that the defendant failed to submit on the same”. 9.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The Small Claims Court Act does not, in any way, interfere with the limitation of actions law. 13.…
…limitation of actions law.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The Small Claims Court Act does not, in any way, interfere with the limitation of actions law. 13.…
…limitation of actions law.…
Division and case type: CivilCivil Appeal
…Such extended period is as required by Section 27 of the Limitation of Actions Act (cap 22). The originating summons was supported by an affidavit which set out in detail the grounds for the application.…
…the Limitation of Actions Act both on law and facts and upon full disclosure of all material facts.…
Division and case type: CivilCivil Appeal
…appellant for leave to file suit out of time was made under sections 27 and 28 of the Limitation of Actions Act, which does not, of course, apply to a local authority.…
…the Limitation of Actions Act.…
Division and case type: High Court DivCivil Appeal
…The Respondent submitted that the suit was statute-barred, having been founded on tort and filed outside the three-year limitation period prescribed under Section 4(2) of the Limitation of Actions Act.…
…The law on limitation of actions is now settled.…