Judgment[1997] KECA 402
Case law
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Division and case type: CivilCivil Appeal
…Samwel Mose Nyamato, (Civil Appeal No. 96 of 1984), unreported (Nyarangi, Platt & Gachuhi JJ.A.) it was held that the issue of challenge to the granting of leave to file suit out of time can only arise at the trial.…
…In effect his submission on that score was that leave to file suit out of time was improperly granted. The appellant did not however, adduce any evidence on the leave her late husband had obtained to bring the action.…
Division and case type: CivilCivil Appeal
…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.…
…In that case, the appellant had applied to a judge ex parte under section 28 of the Limitation of Actions Act (cap 22) to be granted leave to file a suit for damages against the respondents.…