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…dated 11th August, 1993 in HCCC No 5747 of 1991 (OS)) ************************************ JUDGMENT Order XXXVI rule 3D of the Civil Procedure Rules – the Rules provides that: “3D (1) An application under section 38 of the Limitation…

…In the re-amended Originating Summons which was taken out under orders XXIV rule 1 and XXXVI rules 3D and 3F of the Rules, section 38 of the Limitation of Actions Act, chapter 22 of the Laws of Kenya, section 30 and 143 of…

…The issue of limitation of time immediately comes into mind as this suit was filed twenty (20) years after the cause of action arose.…

…The charge is still valid if it can be proved even by inference as it is not covered by the limitation for summary offences set out in section 219 of the Criminal Procedure Code. 3.…

…elapsed between January, 1969, and the date the appellant was brought to court in February, 1988, not far short of twenty years, the charge if still valid it if can be proved, even by inference, as it is not covered by the limitation…

…defendant, denied that he was registered to hold upon trust for the respondents, averred that the plaint was bad in law in that, no particulars of the trust were set out, and further that the suit was time-barred under the Limitation…

…Order XXXVI rule 3D subrules (1) and (2) of the Civil Procedure Rules, provides: “3D 1 1) An application under section 38 of the Limitation of Actions Act shall be made by originating summons. 2 2) The summons shall be supported…

…Section 38(1) of the Limitation of Actions Act, Cap 22 Laws of Kenya, the Act, is in the following terms: “38(1) Where a person claims to have become entitled by adverse possession to land registered under any of the Acts…

…Also not canvassed was para 4 of the defence on the aspect of Limitation of Actions Act whereby the Plaint was amended long after three years was up for bringing this action.…

…She was complaining of limitation of knee flexion (knee could flex up to 90° only) which was making her limp a little. She was also unable to squat on the ground.…

…Her permanent disability was diagnosed as limitation of flexion of right knee joint and the various scars.…

…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…

…TIME BAR Limitation is a different matter.…

…Platt J said that the law of limitation is procedure law governed by the lex fori, apart from the law of prescription. So it is.…

…Another point which would be considered, though not argued, would be limitation.…

…Under section 7 of the Limitation of Actions Act (cap 22) no suit based on the claim of Land should be brought after the expiration of 12 years.…

…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 ocer or master as stipulated in law. 32.…

…Her advocates had told her, and she believed them, that because she had been there for more than 12 years against the will of Rucathi his title to this land had been extinguished under Section 17 of the Limitation of Actions…

…Arguing these ground, learned counsel for the 1st defendant submitted that the agreement having been entered into in 1982, it cannot be enforced due to limitation of time by statute and further that the 1st defendant repudiated…

…Fractures had now healedfully without deformity but he still suffered from pain and limitation of movement of spine.…

…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.…

…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.…

…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 ocer or master as stipulated in law. 32.…

…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.…

…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…