Judgment[1991] KECA 8
Case law
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Division and case type: CivilCivil Case
…having considered Mr Juma’s argument, and particularly grounds 5 an 6 of the proposed memorandum of appeal which state: “It was wrong in principle to have set aside the dismissal when a fresh action was already barred by limitation…
…, and the policy of the Courts, being to strike out the original suit and not to allow it to proceed (and a portion to be reopened ) after limitation has expired.…
Division and case type: CivilCivil Case
…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…
Division and case type: CivilCivil Suit
…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.…