Case law
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Division and case type: CivilCivil Appeal
…And, because it is a discretionary power it should be exercised judicially, or in the Scots phrase, used by Lord Ainlie in Smith v Middleton, 1972 SC 30 - “…….…
Division and case type: CivilCivil Appeal
…The court has a discretionary power to override the time limit. Section 2D. All this has to almost the same extent been repeated in the Limitation of Actions Act here in Kenya but with these differences.…