Case law
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Division and case type: Milimani Commercial CourtsCivil Case
…Counsel also challenged this suit which he submitted was filled outside the limitation period. The cause of action he contended arose of 22nd April, 1997, and the suit was filed after six years.…
…Counsel referred to the Limitation of Actions Act to support the contention that a suit for recovery of money should be filed within 6 years from the date of the cause of action.…
Division and case type: Milimani Commercial CourtsCivil Suit
…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.”…
Division and case type: Milimani Commercial CourtsUnclassified
…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…
Division and case type: Constitutional and Human RightsPetition
…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 ocer or master as stipulated in law. 32.…
Division and case type: Milimani Commercial CourtsCriminal Case
…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.…
Division and case type: Constitutional and Human RightsElection Petition
…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…
Division and case type: Constitutional and Human RightsPetition
…It is also the petitioner’s case that section 43 of the KCIA is inconsistent with Articles 24(2)(a) of the Constitution hence null and void to the extent that it did not set out the nature and extent of the limitation as…
Division and case type: Constitutional and Human RightsConstitutional Petition
…Further by dint of the decision to commute the sentence of death to life, he was denied the right on access to court and that limitation was in breach of Article 48 and the fundamental right to a fair and public hearing in…
Division and case type: Constitutional and Human RightsElection Petition
…section 20(1) (a) and rule 14 (1) the Court was of the view that to reconcile the two one has to modify the application of rule 14 (1) (so as to bring the total time of presentation and service within the 28 day statute limitation…