Case law
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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: 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: Constitutional and Human RightsPetition
…I make no orders as to costs as the advocate is at liberty subject to the statute of limitation, to le before the High Court, his bill of costs for taxation by the taxing ocer or master as stipulated in law. 32.…
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: CriminalMiscellaneous Criminal Application
…The learned Judges did not also address themselves to the fact that the section did not appear to intend limitation to the operation of the Constitution in ensuring that all grievances are redressed and not merely glossed…
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…