Judgment[1989] KEHC 93
Masulal Maganlal Rawal v Maneklal Maganlal Rawal
High Court at Mombasaembarking on the hearing of the suit,Nagpal appeared Mr,NagpalCase number Civil Case 128 of 1962
Division and case type: CivilCivil Case
d/o Umedram Bhagwan Pandya, (Mena) he thereby waived his right to rely on limitation under Order XXIII Civil Procedure Rules, by dint of the provisions of section 39 (1)(b) of the Limitation of Actions Act. In his view estoppel can be raised in limine, and urged me to hold that the defendant is estopped from relying on limitation under Order XXIII Civil Procedure Rules, a defence he had waived.
application is allowedAllowed6 min read