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…The point to decide here is whether breach of Fundamental Rights and redress thereof can be brought to Court any time irrespective of the Provisions of Limitation Act.…

…Here the law of limitation has not reserved for itself the liberty to circumvent the prosecution of these Fundamental Rights.…

…Limitation of Actions Act (cap 22) section 27 2. Civil Procedure Rules order VIA rule 3 July 8, 1985, Trainor J delivered the following Judgment.…

…Both defendants denied negligence but the second defendant also pleaded the Limitation of Actions Act (cap 22).…

…The only document which mentioned any limitation was debit note No.1863 which indicated: “limitation as to use”: cv1 Clause: Jurisdiction 3rd party only new and young drivers Kshs.3,000/= excess on all claims Kshs.5,000/=…

…There is nothing on the face of that document to show that the limitation related to exclusion of passengers. Nor did the appellant adduce any evidence as to what “cv1” referred to.…

…1999 and result conveyed to him by letter of 23.03.2002 after when he sent notice of intention to sue on 29.03.2002 and suit was filed on 9.08.2000 which was within time under both the Public Authorities Act Cap 39 and the Limitation…

…The first question of Limitation depends on the time calculated from the date the cause action arose.…

…Also not canvassed was para 4 of the defence on the aspect of Limitation of Actions Act whereby the Plaint was amended long after three years was up for bringing this action.…

…And if this was the case, then this suit would have been filed in court by way of plaint - within 12 years of the making of such agreement - see Section 7 of the Limitation of Actions Act.…

…Although there was a restriction or limitation as to whose goods would be carried, the fact that as at the time the vehicle was stolen it was carrying goods against that restriction could not, in my view, of itself without…

…She then went in adverse possession of the land from then till 1975 when her husband’s title was extinguished and she became entitled to the suit premises by virtue of section 38(1) of the Limitation of Actions (cap 22).…

…From the above it is clear that the defendant could also succeed under prescription although there is no limitation as at what stage of time a trust can be declared.…