Judgment[1993] KECA 75
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.…