Case law
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Division and case type: CivilCivil Appeal
…The court held that the statutory limitation period was mandatory and absolute, and could not be extended through procedural rules.…
…Whether the six-month limitation period prescribed under section 9(3) of the Law Reform Act for ling an application for leave to apply for an order of certiorari was mandatory and absolute. ii.…
Division and case type: CriminalCriminal Appeal
…The charge is still valid if it can be proved even by inference as it is not covered by the limitation for summary offences set out in section 219 of the Criminal Procedure Code. 3.…
…elapsed between January, 1969, and the date the appellant was brought to court in February, 1988, not far short of twenty years, the charge if still valid it if can be proved, even by inference, as it is not covered by the limitation…
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
…Another point which would be considered, though not argued, would be limitation.…
…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.…
Division and case type: CivilCivil Appeal
…A limitation may be either as to the kind and nature of the actions and matters of which the particular court has cognisance, or as to the area over which the jurisdiction shall extend, or it may partake of both these characteristics…