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…It was further submitted that by filing the suit on 5th September 2018, the Respondent commenced the action in the fourth year after accrual of the cause of action and was therefore outside the statutory limitation period…

…Counsel contended that the Appellant's argument that time expired on 4th September 2018 was founded on an erroneous computation of time which would unlawfully reduce the statutory limitation period granted by Parliament.…

…a substantive statutory limitation period. 29.…

…The Judiciary notice did not extend statutory limitation periods. It did not suspend the operation of the Limitation of Actions Act.…

…The Appellants submitted that although the suit was filed approximately four months after the expiry of the statutory limitation period, the trial court ought to have determined the matter in accordance with the principles…

…On the Appellants' reliance on Article 159(2)(d) of the Constitution, the Respondent submitted that the provision cannot be invoked to circumvent mandatory statutory limitation periods.…

…Further the court held that it could not deal with the substantive issues raised because the statutory limitations goes to jurisdiction, which the court is now bereft and that no extension was sought, as such the claim was…

…It is the Respondent’s case that the Appellant instituted the claim well beyond the statutory limitation period of six years.…

…The distinction between statutory limitation and procedural timelines was considered by the Court of Appeal in Maersk Kenya Ltd v Tsuma [2024] KECA 204 (KLR).…

…The learned trial magistrate therefore erred in applying Order 50 rule 4 to exclude the Christmas vacation from the statutory limitation period.…

…However, the suit at the Small Claims Court is still viable, for it was filed within statutory limitation, and if it was not, then that is an issue that should still be alive, for determination by whichever other court has…

…Whether the Learned Magistrate erred in law by holding that the Appellant is obligated to settle the full decretal sum and accrued interest despite the statutory limitation under Section 5(b)(iv) of the Insurance (Motor Vehicle…

…Whether the Learned Magistrate erred in law by holding that the Appellant is obligated to settle the full decretal sum and accrued interest despite the statutory limitation under Section 5(b)(iv) of the Insurance (Motor Vehicle…

…Whether the Learned Magistrate erred in law by holding that the Appellant is obligated to settle the full decretal sum and accrued interest despite the statutory limitation under Section 5(b)(iv) of the Insurance (Motor Vehicle…

…Whether the Learned Magistrate erred in law by holding that the Appellant is obligated to settle the full decretal sum and accrued interest despite the statutory limitation under Section 5(b)(iv) of the Insurance (Motor Vehicle…

…Whether the Learned Magistrate erred in law by holding that the Appellant is obligated to settle the full decretal sum and accrued interest despite the statutory limitation under Section 5(b)(iv) of the Insurance (Motor Vehicle…

…Whether the Learned Magistrate erred in law by holding that the Appellant is obligated to settle the full decretal sum and accrued interest despite the statutory limitation under Section 5(b)(iv) of the Insurance (Motor Vehicle…

…Statutory Limitation under Section 38 of the Small Claims Court Act 7. Whereas a first appellate court ordinarily has broad powers to review the evidence, this duty is expressly limited by statute.…

…limitation period of three years.…

…It is the Appellant’s position, as already captured in the record, that the counterclaim was filed well outside the statutory limitation period prescribed under Section 4(2) of the Limitation of Actions Act, and that no lawful…

…As the suit had been filed within the statutory limitation period, it would be still be live, and viable.…

…Statutory limitation periods are not flexible suggestions; they are non-negotiable legal milestones designed to give finality to human disputes.…

…Aggrieved by the Trial Court's decision, the Appellant filed a Memorandum of Appeal raising four structural challenges: (i) The Learned Trial Magistrate erred in law by upholding a claim filed outside the statutory limitation…

…The Appellant submitted that the suit was filed outside the statutory limitation period under Section 4 of the Limitation of Actions Act (Cap 22).…

…Further, the Respondent pleaded that if at all there was a contract then the Appellant’s claim had expired since it had been brought outside the statutory limitation period and as such the claim ought to be struck out. 5.…

…Therefore, in line with the above authority and the statutory limitation under Section 38 of the Small Claims Court Act, this Court will refrain from addressing factual disputes and will confine its analysis strictly to matters…

…The question of limitation touches on jurisdiction and the court has no jurisdiction to entertain a matter filed outside the statutory limitation period as was held in the case of Bosire Ongero v Royal Media Services [2015…

…is a first appeal where the appellate court is called upon to re-evaluate, re-analyze and re-examine the evidence produced in the trial court and come to its own conclusion, this court is limited in that aspect owing to statutory…

…limitation under Section 38(1) of the Small Claims Court Act which limits this court to matters of law only.…

…In Africa Merchant Assurance Company Limited v William Muriithi Kimaru [2016] eKLR the court considered the issue of statutory limitation and delivered itself thus; “The respondent prayed for a declaration under the Act and…