Case law
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Division and case type: CivilCivil Appeal
…Limitation of Ordinance, 1934 section 41 12 Indian Limitation Act 13. Limitation of Actions Act, Cap 22 14.…
…The Appellants also claimed therein that they had been in adverse possession of the land since 1933 and were entitled to it under the Limitation of Actions Act, CAP 22.…
Division and case type: CivilCivil Appeal
…the Limitation of Actions Act both on law and facts and upon full disclosure of all material facts.…
…Apart from provisions of the Limitation of Actions Act, above Rule 3C of Order XXXVI of the Civil Procedure Rules provides: 3(c) (1) An application under section 27 of the Limitation of Actions Act made before filing a suit…
Division and case type: CivilCivil Appeal
…appellant for leave to file suit out of time was made under sections 27 and 28 of the Limitation of Actions Act, which does not, of course, apply to a local authority.…
…the Limitation of Actions Act.…
Division and case type: CivilCivil Appeal
…the Limitation of Actions Act, cap.22, Laws of Kenya (the Act), can take to challenge such order.…
…The jurisdiciton of the court to grant leave to file a suit out of time is donated by Section 28 of the Limitation of Actions Act.…
Division and case type: CivilCivil Appeal
…the Limitation of Actions Act shall be made by Originating Summons. (2) The summons shall be supported by an affidavit to which a certified extract of the title to the land in question has been annexed. (3) The Court shall…
…In the re-amended Originating Summons which was taken out under orders XXIV rule 1 and XXXVI rules 3D and 3F of the Rules, section 38 of the Limitation of Actions Act, chapter 22 of the Laws of Kenya, section 30 and 143 of…
Division and case type: CivilCivil Appeal
…Order XXXVI rule 3D subrules (1) and (2) of the Civil Procedure Rules, provides: “3D 1 1) An application under section 38 of the Limitation of Actions Act shall be made by originating summons. 2 2) The summons shall be supported…
…Section 38(1) of the Limitation of Actions Act, Cap 22 Laws of Kenya, the Act, is in the following terms: “38(1) Where a person claims to have become entitled by adverse possession to land registered under any of the Acts…
Division and case type: CivilCivil Appeal
…L.R. 214/275, Nairobi, (the suit property) pending the disposal of the originating summons brought under section 38 of the Limitation of Actions Act Cap 22 Laws of Kenya.…
Division and case type: CivilCivil Appeal
…Mucheru Karanja as its sole proprietor, under the Registered Land Act, Francis Mucheru could still claim title to a portion of it as being held in trust for him by Mucheru Karanja, or through adverse possession under the Limitation…
…of Actions Act CAP 22; and the following legal authorities - Gatimu Kinguru v Muya Gathangi (1976) KLR 253 and Francis Munene Paul Muthuita v Milka Wanie w/o Paul Muthuita, John Namus s/o Paul Muthuita and George Mwaniki…
Division and case type: CivilCivil Appeal
…Under section 7 of the Limitation of Actions Act (cap 22) no suit based on the claim of Land should be brought after the expiration of 12 years.…