Search court decisions

…That such claim under section 7 of the Limitation of Actions Act has a limitation period of 12 years which has not elapsed.…

…The court held in the same case that “the trial court having found that the tort of trespass was continuous, the appellant’s defence of limitation of time was rendered otiose as the three years limitation strictures set for…

…That the suit is statute-barred under Section 7 of the Limitation of Actions Act; b.   That the Defendants are wrongly sued; and c.   …

…(ii) Limitation of Actions and Fraud 17.   Section 7 of the Limitation of Actions Act prescribes a twelve-year limitation period for actions to recover land.…

…On the second issue, I have read Section 3 (1) of the Public Authorities Limitation Act.…

…Resultantly, the statute applicable to the aforesaid Defendant on the subject of limitations is the Limitation of Actions Act.…

…Further, that Article 159 cannot override the Limitations of Actions Act as it is not a panacea for non-compliance with statutory provisions. 9.…

…Further, that section 23 (3) of the Limitation of Actions Act provides that where there is an acknowledgement, the cause of action arises on this date.…

…The suit is time barred having been brought outside the statutory limitation in view of Sections 4(2) and 32 of the Limitation of Actions Act, 2012. 2.…

…In the Limitation of Actions Act and within the provisions of section 4 it provides that; “4.…

…The Court is now left to determine whether the same is merited as provided for by the Limitation of Actions Act.” iii.…

…provided in Section 4 (1) of the Limitation of Actions Act.…

…The applicant argues that the issue of the limitation periods under Sections 4(1)(a) and of the Limitation of Actions Act as read with Section 26 thereof having lapsed presents a serious challenge to the competency of the…

…The Plaintiffs/Respondents submit that under Section 26 of the Limitation of Actions Act, where an action arises from fraud, mistake, or concealment, the limitation period commences from the date of discovery or when the…

…signed acknowledgment of a debt resets the limitation clock.…

…The Defendants maintain that the suit is statute-barred under Section 4(1) of the Limitation of Actions Act and Section 3(2) of the Public Authorities Limitations Act, the latter imposing a three-year limitation on contractual…

…Section 26 of the Limitations of Actions Act states: “Where, in the case of an action for which a period of limitation is prescribed, either- (a) the action is based upon the fraud of the defendant or his agent, or of any…

…is 12 years as provided for in section 7 of the Limitation of Actions Act, Cap 22, Laws of Kenya.…

…Section 26 of the Limitations of Actions Act allows for extension of the limitation period as follows; “Where in the case of an action for which a period of limitation is prescribed, either- a) The action is based upon the…

…A suit barred by limitation is a claim barred by law, hence by operation of law, the Court cannot grant the relief sought.…

…Whether the Plaintiff’s suit is statute-barred under the Public Authorities Limitation Act. Analysis and Determination A. Whether the Preliminary Objection is Defective 11.…

…The Preliminary Objection itself raises a pure point of law, namely limitation of actions, which can be determined without recourse to contested evidence. 16.…

…That at the time the Plaintiff filed the suit, the cause of action had been caught up in statutory limitation. Counsel submitted that, hence, there is no suit to proceed to trial.…

…The Preliminary Objection is based on the plea of limitation derived from the date the cause of action accrued and based on the provisions of sections 7 and 9(2) of the Limitation of Actions Act. 7.   …

…It could not be barred by limitation of statute. 20.…

…Therefore, where a cause of action is based on fraud, the Limitation of Actions Act provides for extension of the limitation period.…

…, the same was based on fraud whose limitation period was 3 years.…

…The 1st Defendant submitted that the applicable limitation period for the claim was 12 years as provided in Section 7 of the Limitation of Actions Act.…

…Whether a constitutional claim of violation of property rights under Article 40 of the Constitution is subject to limitation under Article 24 thereof and Section 7 of the Limitation of Actions Act.…

…, the limitation period under the said Act does not apply to the violation of rights and freedoms guaranteed in the Constitution.…

…period for under Section 7 of the Limitation of Actions Act. 29.…

…The purpose which the law of limitation is intended for was captured in the case of MEHTA -V- SHAH 1965 E.A. 321 as follows: “The object of any limitation enactment is to prevent a Plaintiff from prosecuting state claims…

…Act Cap. 39 Laws of Kenya and Section 4(2) of the Limitation of Actions Act Cap. 22 Laws of Kenya.…

…Maina counsel for the 3 rd Defendant argued in support of the PO that the present suit is time barred by dint of Section 3(1) of the Public Authorities Limitation Act Cap. 39 Laws of Kenya and Section 4(2) of the Limitation…

…He contended that the delay is beyond the period permitted under Section 4 of the Limitation of Actions Act.…

…of Actions Act and urged the court to find that the plea of limitation of actions is without basis.…

…THAT the suit (Plaint) founded on fraud is barred under the Limitation of Actions Act. THAT the annexed search documents do not support the Plaintiff’s claim as set out in the Plaint.”…

…Plaintiff to dispense with the provisions of Section 4(2) of the Limitation of Actions Act.…