Judgment[1989] KECA 50
Case law
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Division and case type: CivilCivil Appeal
…The court held that the statutory limitation period was mandatory and absolute, and could not be extended through procedural rules.…
…Whether the six-month limitation period prescribed under section 9(3) of the Law Reform Act for ling an application for leave to apply for an order of certiorari was mandatory and absolute. ii.…
Division and case type: CivilCivil Case
…The learned state counsel concludes her submission by stating that under the Public Authorities Limitation Act, cap 39 Laws of Kenya, this action is barred by section 3(1) as read with section 5 in that the action was filed…
…In any case, I do not know whether she considered the effect of section 26(b) and or (c) of the Limitation of Actions Act, cap 22.…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…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.…