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…Limitation 18. The Petitioner was dismissed through a letter dated 9 May 2019.…

…In his submissions, the Petitioner cited the case of Elias Kibathi & Ar v the Attorney General (2021) eKLR to argue that the appropriate limitation period was the 6 years prescribed by section 4(1) of the Limitation of Actions…

…Limitation 22. Limitation was not listed by the parties as an Issue for determination but, again because it goes to jurisdiction, the Court will consider it. 23.…

…, the action offended section 4(1) of the Limitation of Actions Act. 24.…

…Limitation goes to the jurisdiction of the court hence the court cannot proceed when it is satisfied that a matter is barred by statute. It does not matter that the matter proceeded as an undefended cause.…

…The claim is premised on a contract of service which by law has a limitation period of three years.…

…Section 90 of the Employment Act, 2007, states: “Notwithstanding the provisions of section 4 (1) of the Limitation of Actions Act, no civil action or proceedings based or arising out of this Act or a contract of service in…

…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… a Preliminary Objection…

…The Preliminary Objection in this suit, is firstly, a plea of limitation premised on Section 90 of the Employment Act, 2007.…

…In the case of John Kiiru Njiiri v University of Nairobi [2021] eKLR, the court observed as follows; “The limitation period is never extended in matters based on an employment contract.…

…The period can only be extended in claims founded on tort and only when the applicant satisfies the requirements of Sections 27 and 28 of the Limitation of Actions Act which provisions do not apply in employment and labour…

…The claim is premised on a contract of service which by law has a limitation period of three years.…

…Section 90 of the Employment Act, 2007, states: “Notwithstanding the provisions of section 4 (1) of the Limitation of Actions Act, no civil action or proceedings based or arising out of this Act or a contract of service in…

…change the action into one of a substantially different character…or where the amendment would prejudice the rights of the opposite party existing at the date of the proposed amendment e.g by depriving him of a defence of limitation…

…The proposed counterclaim is hereby disallowed on grounds of lack of jurisdiction and limitation of action as stipulatd under section 90 of the Employment Act. 6.…

…The time limitation by this section is three (3) years. The question is whether this time is elastic.…

…The period can only be extended in claims founded on tort and only when the applicant satisfies the requirements of Sections 27 and 28 of the Limitation of Actions Act." 35.…

…He stated that in view of the foregoing, the suit herein is well within the limitation period. 11.…

…He relied on the case of Women Enterprise Fund v Pamoja Women Development Program [2021] eKLR and contended that jurisprudence on limitation of time arising from claims based on contract for which Section 4(1) of the Limitation…

…It was the Respondent’s submission that this claim was caught up by limitation under section 90 of the Employment Act since the suspension was lifted in August 2016 but the claim was filed in 9th October,2019 which is outside…

…Limitation is a matter of law and one that goes to the jurisdiction of the Court.…

…Section 90 of the Employment Act 2007, states; “Notwithstanding the provisions of section 4 (1) of the Limitation of Actions Act, no civil action or proceedings based or arising out of this Act or a contract of service in…

…Kenya Co-operative Creameries Ltd Civil Application No. 122 of 1981, Potter, J. observed in obiter that; “The law on limitation is intended to protect defendants against unreasonable delay in bringing of suits against them…

…When the matter came before me on 16th October, 2023, I directed that since the issue of limitation is so fundamental and goes to the root of the suit, the same be decided first. 3.…

…For orders of Prohibition and Mandamus to which the six month’s limitation did not apply. The respondent did not file any submission. 7.…

…This amount continues to remain due and the 12 years’ limitation period under section 19 of the Limitation of Actions Act (“the LAA”) has not lapsed. 8.…

…The issue of limitation of action in respect of charged property is dealt with by section 19 of the LAA which provides as follows: 19.…

…On matters limitation, the plaintiffs’ response is that the Court has the power to grant leave for the amendment of pleadings even after the expiry of the relevant period of limitation. 6.…

…an amendment notwithstanding the expiry of current period of limitation. 13.…

…It was contended by the respondent that the proceedings were time barred under section 4(4) of the Limitations of Actions Act.…

…The respondent’s preliminary objection was premised on the ground that the proceedings were time barred under section 4(4) of the Limitation of Actions Act.…

…In a judgment delivered on 31 May 2023, the Court issued the following orders: (i) A declaration is hereby issued that the claims prior to 19 July 2016 are caught up by the limitation prescribed by section 90 of the Employment…

…the Subordinate Court dismissing the Appellant’s preliminary objection raised by way of a notice dated 03.05.2020 stating the court lacks jurisdiction on the ground that the suit was time barred under section 4(2) of the Limitation…

…The trial magistrate considered the preliminary objection and held that based on the Respondent’s admission contained in the letter dated 04.04.2017, this had the effect of extending the three-year limitation period for the…

…The advocate, like any agent, has ostensible authority to bind the principal and unless it is shown that there is fraud and the like or that the third party had notice of the limitation of the authority, the court cannot…

…No limitation of the implied authority avails the client as against the other side unless such limitation has been brought to their notice- see Welsh vs Roe [1918 - (9] All E.R Rep 620. 12.…