Case law
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Division and case type: CivilMiscellaneous Application
…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.…
Division and case type: CivilCivil Case
…Divecon and argued that points of limitation are to be taken during examination.…
…His argument simply is that the suit has been filed out of time, and is barred by the Limitation of Actions Act.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Suit
…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).…
Division and case type: CivilCivil Case
…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.…
Division and case type: Milimani Commercial CourtsCivil Case
…Counsel also challenged this suit which he submitted was filled outside the limitation period. The cause of action he contended arose of 22nd April, 1997, and the suit was filed after six years.…
…Counsel referred to the Limitation of Actions Act to support the contention that a suit for recovery of money should be filed within 6 years from the date of the cause of action.…
Division and case type: Milimani Commercial CourtsCivil Suit
…Examples are an objection to the jurisdiction of the court, or a plea of limitation, or a submission that the parties are bound by the contract giving rise to the suit to refer the dispute to arbitration.”…
Division and case type: CivilCivil Suit
…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.…
Division and case type: Milimani Commercial CourtsUnclassified
…Although Section 3(2) of the Magistrate’s Court Act confers countrywide jurisdiction to a resident magistrate’s court, in civil cases such jurisdiction is exercised subject to the limitation to the said court’s jurisdiction…
Division and case type: Milimani Commercial CourtsCriminal Case
…Court-martial) in respect of any offence alleged to have been committed by that person, or to discontinue any such criminal proceedings as stated in subparagraph (c) is exclusively lodged in the AttorneyGeneral without any limitation…
…There is no time limit to the prosecution of serious offences except where a limitation is imposed by statute. There is no such statutory limitation imposed in respect of the four charges.…
Division and case type: Anti-CorruptionMiscellaneous Criminal Application
…Court-martial) in respect of any offence alleged to have been committed by that person, or to discontinue any such criminal proceedings as stated in subparagraph (c) is exclusively lodged in the AttorneyGeneral without any limitation…
…There is no time limit to the prosecution of serious offences except where a limitation is imposed by statute. There is no such statutory limitation imposed in respect of the four charges.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Case
…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…
Division and case type: Constitutional and Human RightsElection Petition
…of Re An Application by Gideon Waweru Gathunguri [1962] EA 520 was cited and stress was laid on the principle of law that rules of court could not defeat the clear provision of section 20 which set the absolute period of limitation…
Division and case type: CivilCivil Case
…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).…
Division and case type: Constitutional and Human RightsPetition
…It is also the petitioner’s case that section 43 of the KCIA is inconsistent with Articles 24(2)(a) of the Constitution hence null and void to the extent that it did not set out the nature and extent of the limitation as…
Division and case type: CivilCivil Case
…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.…
Division and case type: CriminalMiscellaneous Criminal Application
…The learned Judges did not also address themselves to the fact that the section did not appear to intend limitation to the operation of the Constitution in ensuring that all grievances are redressed and not merely glossed…