…Section 4(2) of the Act provides: “An action founded on tort may not be brought after the end of three years from the date on which the cause of action accrued.” This is the limitation provision.…

…There is an exception to this section in section 27 which provides: Section 27 (1)Section 4(2) does not afford a defence to an action founded on tort where:- a)the action is for damages for negligence, nuisance or breach…

appeal is dismissedDismissed11 min read

Judgment[1988] KECA 9918 July 1988

Shiraku v Commercial Bank of Africa

Court of Appeal at NairobiJUDGE APPEAL,Fraser,Ombete,Owino,GibbonsCase number Civil Appeal 16 of 1985

Division and case type: CivilCivil Appeal

…Lord Tenterden, C.J. explained in words which are well-known that: “It is immaterial in such a case whether the action in form be in tort or in assumpsit.…

14 min read

Judgment[1988] KECA 1389 June 1988

Chege Kimotho & others v Maria Vesters & another

Court of Appeal at NairobiJudge saw Maria Vesters,Judge tended overlook Maria,JUDGE APPEAL,Inamdar,Georgiadis,Vesters,Inamdar informed CourtCase number Civil Appeal 4 of 1984

Division and case type: CivilCivil Appeal

…I think it is the sort of compensation that in another branch of the law of tort would be called a Benham v Gambling award.…

30 min read