Case law
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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: Milimani Commercial CourtsCriminal Case
…Court-martial) in respect of any offence alleged to have been committed by that person, or to discontinue any such criminal proceedings as stated in subparagraph (c) is exclusively lodged in the AttorneyGeneral without any limitation…
…There is no time limit to the prosecution of serious offences except where a limitation is imposed by statute. There is no such statutory limitation imposed in respect of the four charges.…
Division and case type: Anti-CorruptionMiscellaneous Criminal Application
…Court-martial) in respect of any offence alleged to have been committed by that person, or to discontinue any such criminal proceedings as stated in subparagraph (c) is exclusively lodged in the AttorneyGeneral without any limitation…
…There is no time limit to the prosecution of serious offences except where a limitation is imposed by statute. There is no such statutory limitation imposed in respect of the four charges.…
Division and case type: CivilCivil Case
…And if this was the case, then this suit would have been filed in court by way of plaint - within 12 years of the making of such agreement - see Section 7 of the Limitation of Actions Act.…
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
…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
…As against that there are ordinary interlocutory orders on such matters as misjoinder, jurisdiction, limitation and so forth.…
Division and case type: CivilCivil Appeal
…called on for hearing outside the court, the court may dismiss the suit, and, in that event, either party may apply under rule 8 to have the dismissal set aside or the plaintiff may bring a fresh suit subject to any law of limitation…
Division and case type: Constitutional and Human RightsElection Petition
…of Re An Application by Gideon Waweru Gathunguri [1962] EA 520 was cited and stress was laid on the principle of law that rules of court could not defeat the clear provision of section 20 which set the absolute period of limitation…
Division and case type: CivilCivil Case
…She then went in adverse possession of the land from then till 1975 when her husband’s title was extinguished and she became entitled to the suit premises by virtue of section 38(1) of the Limitation of Actions (cap 22).…
Division and case type: CivilCivil Appeal
…Mucheru Karanja as its sole proprietor, under the Registered Land Act, Francis Mucheru could still claim title to a portion of it as being held in trust for him by Mucheru Karanja, or through adverse possession under the Limitation…
Division and case type: Constitutional and Human RightsPetition
…It is also the petitioner’s case that section 43 of the KCIA is inconsistent with Articles 24(2)(a) of the Constitution hence null and void to the extent that it did not set out the nature and extent of the limitation as…
Division and case type: CivilCivil Case
…From the above it is clear that the defendant could also succeed under prescription although there is no limitation as at what stage of time a trust can be declared.…
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: 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…