Case law
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Division and case type: CivilCivil Case
…under Order XXIII Civil Procedure Rules, by dint of the provisions of section 39 (1)(b) of the Limitation of Actions Act.…
…In his view estoppel can be raised in limine, and urged me to hold that the defendant is estopped from relying on limitation under Order XXIII Civil Procedure Rules, a defence he had waived. Mr.…
Division and case type: CivilCivil Case
…appeal on the following grounds: (1) That they obtained leave before filing the suit and the appellants did not by either evidence submissions or even cross examination challenge that averment. (2) That raising the issue of limitation…
…In reply counsel for the appellant stated that the issue of limitation is a matter of jurisdiction which can be raised at t any stage of the proceedings even on appeal.…
Division and case type: CivilCivil Case
…She was complaining of limitation of knee flexion (knee could flex up to 90° only) which was making her limp a little. She was also unable to squat on the ground.…
…Her permanent disability was diagnosed as limitation of flexion of right knee joint and the various scars.…
Division and case type: CivilCivil Suit
…Fractures had now healedfully without deformity but he still suffered from pain and limitation of movement of spine.…
Division and case type: CivilCivil Suit
…7. limitation? 8. estoppel?…
…Limitation? This was not pleaded by the defendant’s advocate. The defendant admits the Mtsonga were constantly disrupting his right to plant what are called permanent trees which is only consistent with ownership.…
Division and case type: Constitutional and Human RightsElection Petition
…section 20(1) (a) and rule 14 (1) the Court was of the view that to reconcile the two one has to modify the application of rule 14 (1) (so as to bring the total time of presentation and service within the 28 day statute limitation…
Division and case type: CivilCivil Suit
…This power is vested in the chief executive who is the managing director with no specific limitation and he very well bonafidely believed and rightly so that he could commission works of such magnified without recourse to…