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…The Learned Trial Magistrate erred in failing to appreciate that the limitation of action as envisaged under section 4(2) of the Limitation of Actions Act runs from the date of the accident, that is 14/02/2017, and not from…

…period provided under section 4(2) of the Limitation of Actions Act. v.…

…The limitation period for actions founded on simple contract or on tort in England is six years. Section 2(1) Limitation Act 1939.…

…The Act is a Limitation Act; it relates only to procedure.…

…This is the limitation provision.…

…The Limitation Act 1963 is an Amendment Act of Laws of England and Wales Limitation Act 1939.…

…by limitation.…

…Indeed, section 3 of the Act provides that part II of the Act which specifies various limitation periods is subject to part III which provides for extension of the periods of limitation.…

…It was argued that the filing of the suit was outside the 3 years allowed by the law, the Limitation of Actions Act, Cap 22, Laws of Kenya. 4.…

…It follows then that Order 50 Rule 3 cannot apply to the provisions of the Limitation of Actions Act, unless the Limitation of Actions Act itself has allowed it, for the Civil Procedure Rules was not passed under the Limitation…

…The Respondent also did not also contest limitation during the hearing. Instead, the Respondent raised limitation for the first time in its submissions, according to the Appellant 12.…

…If the defence is taken, it is up to the plaintiff to bring his case within any of the exceptions to the Limitation of Actions Act or other statute of limitation as may be the case.…

…The Respondent submitted that the suit was statute-barred, having been founded on tort and filed outside the three-year limitation period prescribed under Section 4(2) of the Limitation of Actions Act.…

…The law on limitation of actions is now settled.…

…My last comment relates to the relationship between the common law and the Limitation Act.…

…Njuguna, tried to raise, in limine, the issue of limitation in bar of the action.…

…to bring the suit within the exception in Section 27 of the Limitations of Actions Act.…

…The raising of the preliminary issue that would cause the suit for the plaintiff to be struck out is not encouraged by the Limitation of Actions Act…’’ Accordingly, a proper understanding of Section 27 of the Limitation of…

…Limitation period against the 4 th and 5 th Respondents begun to run in the year 2000.…

…Therefore, that the limitation period started to run from the time of service of the pleadings on the defendant. 19.…

…By this time, the limitation period had not lapsed. The documents were however received and file on 25th June 2020 by the court by which time limitation had set it (in).…

…The statutes of limitations Act serves a very noble purpose in ensuring certainty in commencement of suits.…

…of the Limitation of Actions Act.…

…of the Limitation of Actions Act. 18.…

…In the latter case it was held that: “A plaint which is barred by limitation is a plaint “barred by law.”…

…A reading of the provisions of Section 3 and 4 of the Limitation Act ( Cap 70) together with Order 7 Rule 6 of the Civil Procedure Rules seems clear that unless the appellant in this case had put himself within the limitation…

…In the latter case it was held that: “ A plaint which is barred by limitation is a plaint “barred by law.”…

…A reading of the provisions of Section 3 and 4 of the Limitation Act ( Cap 70) together with Order 7 Rule 6 of the Civil Procedure Rules seems clear that unless the appellant in this case had put himself within the limitation…

…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.…

…In the latter case it was held that: “A plaint which is barred by limitation is a plaint “barred by law.”…

…A reading of the provisions of Section 3 and 4 of the Limitation Act ( Cap 70) together with Order 7 Rule 6 of the Civil Procedure Rules seems clear that unless the appellant in this case had put himself within the limitation…

…Counsel contended that the learned magistrate misapplied the provision and thereby wrongly extended the limitation period contrary to the express provisions of the Limitation of Actions Act. 12.…

…period prescribed by the Limitation of Actions Act. 20.…

…The learned trial magistrate misdirected herself in her ruling as to the import of not pleading limitation of time in the defense and as to when a preliminary objection should be raised. iv.…

…Section 4(2) of the Limitation of Actions Act, Cap 22 provides that an action based in tort may not be brought after the end of 3 years from the date on which the cause of action accrued.…

…under Section 4(2) of the Limitation of Actions Act is properly before this court or is barred by the doctrine of res judicata.…

…ANALYSIS OF THE ISSUES FOR DETERMINATION (a) Whether the issue of limitation under Section 4(2) of the Limitation of Actions Act is properly before this court 17.…