Judgment[1989] KEHC 93
Case law
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Division and case type: CivilCivil Case
d/o Umedram Bhagwan Pandya, (Mena) he thereby waived his right to rely on limitation under Order XXIII Civil Procedure Rules, by dint of the provisions of section 39 (1)(b) of the Limitation of Actions Act. In his view estoppel can be raised in limine, and urged me to hold that the defendant is estopped from relying on limitation under Order XXIII Civil Procedure Rules, a defence he had waived.
Division and case type: Milimani Commercial CourtsCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO.3923 OF 1985 KIGIKA DEVELOPERS LIMITED.........................................................PLAINTIFF VERSUS NAIROBI CITY COMMISSION...........................................................DEFENDANT RULING This matter originally came before me on an application to strike out the defence. I struck out the defence but as the action was somewhat unusual I refused to give judgment, but directed that the case be set down for