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…Both defendants denied negligence but the second defendant also pleaded the Limitation of Actions Act (cap 22).…

…The position with regard to the effect of the Limitation of Actions Act where a party is added is now so well established that it requires little comment.…

…DEFENDANTS R U L I N G The 2nd Defendant has raised a preliminary objection on the ground that this suit is barred by the Limitation of Actions Act (Cap 22).…

…He argued that vide section 23 of the Limitation of Actions Act, the exceptions given there as concerns acknowledgements or part payment were worthy of consideration. Mr.…

…Counsel referred to the Limitation of Actions Act to support the contention that a suit for recovery of money should be filed within 6 years from the date of the cause of action.…

…There is even a letter dated 15th June, 2002 and 2nd July, 2003 thus the defendants counter claim cannot be said to be barred by the limitation of Actions Act.…

…general damages, erred in law and in fact in awarding general damages that were in the circumstances excessive, erred in law and in fact in allowing the plaintiffs claim which was time barred and which offended the provisions of…

…the Limitations of Actions Act.…

…Also not canvassed was para 4 of the defence on the aspect of Limitation of Actions Act whereby the Plaint was amended long after three years was up for bringing this action.…

…Her advocates had told her, and she believed them, that because she had been there for more than 12 years against the will of Rucathi his title to this land had been extinguished under Section 17 of the Limitation of Actions…

…Act and now held the land in trust for her under Section 37 of the same Act together with Sections 28 and 30 of the Registered Land Act.…

…And if this was the case, then this suit would have been filed in court by way of plaint - within 12 years of the making of such agreement - see Section 7 of the Limitation of Actions Act.…

…In any case, I do not know whether she considered the effect of section 26(b) and or (c) of the Limitation of Actions Act, cap 22.…