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…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…

…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.”…

…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.…

…defendant, denied that he was registered to hold upon trust for the respondents, averred that the plaint was bad in law in that, no particulars of the trust were set out, and further that the suit was time-barred under the Limitation…

…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…

…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.…

…The issue of limitation of time immediately comes into mind as this suit was filed twenty (20) years after the cause of action arose.…

…Arguing these ground, learned counsel for the 1st defendant submitted that the agreement having been entered into in 1982, it cannot be enforced due to limitation of time by statute and further that the 1st defendant repudiated…

…Fractures had now healedfully without deformity but he still suffered from pain and limitation of movement of spine.…

…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.…

…TIME BAR Limitation is a different matter.…

…Platt J said that the law of limitation is procedure law governed by the lex fori, apart from the law of prescription. So it is.…

…Her advocates had told her, and she believed them, that because she had been there for more than 12 years against the will of Rucathi his title to this land had been extinguished under Section 17 of the Limitation of Actions…

…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.…

…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.…

…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…

…L.R. 214/275, Nairobi, (the suit property) pending the disposal of the originating summons brought under section 38 of the Limitation of Actions Act Cap 22 Laws of Kenya.…

…As against that there are ordinary interlocutory orders on such matters as misjoinder, jurisdiction, limitation and so forth.…

…called on for hearing outside the court, the court may dismiss the suit, and, in that event, either party may apply under rule 8 to have the dismissal set aside or the plaintiff may bring a fresh suit subject to any law of limitation…

…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.…