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: Milimani Commercial CourtsUnclassified
…Although Section 3(2) of the Magistrate’s Court Act confers countrywide jurisdiction to a resident magistrate’s court, in civil cases such jurisdiction is exercised subject to the limitation to the said court’s jurisdiction…
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 Appeal
…called on for hearing outside the court, the court may dismiss the suit, and, in that event, either party may apply under rule 8 to have the dismissal set aside or the plaintiff may bring a fresh suit subject to any law of limitation…