Judgment[1989] KECA 50
Case law
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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.…
…period under the Civil Procedure Rules - whether provisions of the Civil Procedure Rules on enlargement of time could override or be applied to extend a statutory limitation period set under the Law Reform Act - Law Reform…
Division and case type: CivilCivil Appeal
…It was contended that it was outside his knowledge that his injuries were attributable to the other driver’s negligence, and that he did not know the statutory period of limitation.…
…Trevelyan J held inter alia that ignorance of the statutory period of limitation could not be a material fact within the section.…
Division and case type: CivilCivil Appeal
…declined to extend time to file suit on the grounds that (i) knowledge of possible legal liability is knowledge of a decisive character, (2) the applicant knew that the other driver could be sued and (3) ignorance of the statutory…
…period of limitation could not be a material fact within the section.…