Judgment[1989] KEHC 93
Case law
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Division and case type: CivilCivil Case
…under Order XXIII Civil Procedure Rules, by dint of the provisions of section 39 (1)(b) of the Limitation of Actions Act.…
…In his view estoppel can be raised in limine, and urged me to hold that the defendant is estopped from relying on limitation under Order XXIII Civil Procedure Rules, a defence he had waived. Mr.…
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 Appeal
…And by article 4(3) the convention mandatorily requires the carrier to record the number and weight of the luggage: failure to do so disentitles the carrier from availing itself of the limitation of liability provided by…
…On the evidence before the court the learned trial judge held that the appellant had failed to record the number and weight of the respondent’s luggage and that consequently it was disentitled to claim a limitation of its…
Division and case type: CivilCivil Appeal
…As against that there are ordinary interlocutory orders on such matters as misjoinder, jurisdiction, limitation and so forth.…
Division and case type: CivilCivil Appeal
…A limitation may be either as to the kind and nature of the actions and matters of which the particular court has cognisance, or as to the area over which the jurisdiction shall extend, or it may partake of both these characteristics…