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…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.…

…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.…

…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.…

…appeal on the following grounds: (1) That they obtained leave before filing the suit and the appellants did not by either evidence submissions or even cross examination challenge that averment. (2) That raising the issue of limitation…

…In reply counsel for the appellant stated that the issue of limitation is a matter of jurisdiction which can be raised at t any stage of the proceedings even on appeal.…

…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).…

…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.…

…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.…

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

…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.…

…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.…

…I make no orders as to costs as the advocate is at liberty subject to the statute of limitation, to le before the High Court, his bill of costs for taxation by the taxing ocer or master as stipulated in law. 32.…

…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…

…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.…

…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.…

…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…

…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…

…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.…

…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).…