Judgment
Case law
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Division and case type: CivilCivil Appeal
…In that case the applicant applied for leave to file an action outside the limitation period on the ground that material facts were outside his knowledge.…
…Trevelyan J held inter alia that ignorance of the statutory period of limitation could not be a material fact within the section.…
Division and case type: CivilCivil Case
…having considered Mr Juma’s argument, and particularly grounds 5 an 6 of the proposed memorandum of appeal which state: “It was wrong in principle to have set aside the dismissal when a fresh action was already barred by limitation…
…, and the policy of the Courts, being to strike out the original suit and not to allow it to proceed (and a portion to be reopened ) after limitation has expired.…
Division and case type: CivilCivil Appeal
…A limitation may be either as to the kind and nature of the actions and matters of which the particular court has cognisance, or as to the area over which the jurisdiction shall extend, or it may partake of both these characteristics…