Case law
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Division and case type: CivilCivil Suit
…Limitation of Actions Act (cap 22) section 27 2. Civil Procedure Rules order VIA rule 3 July 8, 1985, Trainor J delivered the following Judgment.…
…Both defendants denied negligence but the second defendant also pleaded the Limitation of Actions Act (cap 22).…
Division and case type: Milimani Commercial CourtsCivil Suit
…Examples are an objection to the jurisdiction of the court, or a plea of limitation, or a submission that the parties are bound by the contract giving rise to the suit to refer the dispute to arbitration.”…
Division and case type: CivilCivil Suit
…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.…
Division and case type: CivilCivil Suit
…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…
Division and case type: CivilCivil Suit
…Fractures had now healedfully without deformity but he still suffered from pain and limitation of movement of spine.…
Division and case type: Constitutional and Human RightsElection Petition
…of Re An Application by Gideon Waweru Gathunguri [1962] EA 520 was cited and stress was laid on the principle of law that rules of court could not defeat the clear provision of section 20 which set the absolute period of limitation…
Division and case type: CivilCivil Suit
…7. limitation? 8. estoppel?…
…Limitation? This was not pleaded by the defendant’s advocate. The defendant admits the Mtsonga were constantly disrupting his right to plant what are called permanent trees which is only consistent with ownership.…
Division and case type: Constitutional and Human RightsElection Petition
…section 20(1) (a) and rule 14 (1) the Court was of the view that to reconcile the two one has to modify the application of rule 14 (1) (so as to bring the total time of presentation and service within the 28 day statute limitation…
Division and case type: CivilCivil Suit
…This power is vested in the chief executive who is the managing director with no specific limitation and he very well bonafidely believed and rightly so that he could commission works of such magnified without recourse to…