Judgment[2002] KEHC 896
Case law
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Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL APPEAL NO. 116 OF 1993 GURDARSHAN SINGH ………………………..APPELLANT VERSUS C.K.
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.