Judgment
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Division and case type: CivilCivil Appeal
…He ruled that Order VI A rule 3{5) does not permit an amendment to be made to cure a defective cause of action when the statute of Limitations would have barred the claim.…
…In my judgment if I were to allow at this late stage the proposed amendments, the defendant would be deprived of its undoubted right to plead limitation.…
Division and case type: CivilCivil Appeal
…L.R. 214/275, Nairobi, (the suit property) pending the disposal of the originating summons brought under section 38 of the Limitation of Actions Act Cap 22 Laws of Kenya.…
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…