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 Appeal
…In Hyde and Another v Johnson 1836 2 Bine, No 776, the plainti in order to recover a debt barred by the Statute of Limitation, oered in evidence at the trial before the under sheri, a letter written by the defendant’s…
…I was held in this case that: “an acknowledgment signed by the agent of the debtor, will not retrieve a debt barred by the Statute of Limitation; it must be signed by the debtor himself.” 24.…
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…