Search court decisions

…Section 90 of the Employment Act stipulates as follows; “Notwithstanding the provisions of section 4(1) of the Limitation of Actions Act (Cap. 22), no civil action or proceedings based or arising out of this act or a contract…

…The period can only be extended in claims founded on tort and only when the applicant satisfies the requirements of Sections 27 and 28 of the Limitation of Actions Act which provisions do not apply in employment and labour…

…The Respondent’s cause of action accrued around 2004 and the applicable prescriptive limitation law was section 4(1) of the Limitation of Actions Act.…

…The period can only be extended in claims founded on tort and only when the applicant satisfies the requirements of Sections 27 and 28 of the Limitation of Actions Act. 20.…

…premised on the following grounds:- The Honourable Court Lacks the jurisdiction to admit, hear and determine this suit, as it has been filed outside the mandatory statutory limitation period prescribed under section 4(1)of…

…the Limitation of Actions Act (Cap.22).…

…advanced by the Claimant was caught up by the limitation because the loan was to run from 8 February 2010 to 30 March 2015, and since the action was commenced more than 6 years thereafter, the action offended section 4(1) of…

…the Limitation of Actions Act. 24.…

…the Limitation of Actions Act, on the other hand, states that judgments or orders for payment of money are actionable within twelve years.…

…contemplated under Section 4[4] of the Limitation of Actions Act, Cap 22………..” 15.…

…It is similar to any other application for an extension of time, such as the one provided under section 28 of the Limitation of Actions Act, or for an extension to lodge an appeal.…

…The Respondent has invoked Section 4[2] of the Limitation of Actions Act, which provides; “An action founded on tort may not be brought after the end of three years from the date on which the cause of action accrued.…

…In Maria Machocho v Total Kenya Limited [2013]eKLR and the case of  Divecon Ltd v Samani [1995-1998] 1 EA 48, the court held that section 4(1) of the Limitation of Actions Act was clear beyond any doubt and that; … no one…

…In the light of these explicit statutory provisions, it would be unacceptable to imply, as the learned Judge of the Superior Court did, that 'the wording of section 4(1) of the Limitation of Actions Act (Chapter 22) suggests…

…Section 90 of the Employment Act provides as follows; Notwithstanding the provisions of Section 4(1) of the Limitation of Actions Act (cap 22), no civil action or proceedings based or arising out of this Act or a contract…

…In light of these clear statutory provisions, it would be unacceptable to imply as the learned Judge of the Superior Court did, that ‘‘the wording of section 4(1) of the Limitation of Actions Act (Chapter 22) suggests a discretion…

…In this Court’s view, the interpretation given in respect to section 4(1) of the Limitation of Actions Act applies with equal force to actions implicated by section 90 of the Employment Act, 2007. 14.…

…In light of these clear statutory provisions, it would be unacceptable to imply as the learned Judge of the Superior Court did, that ‘‘the wording of section 4(1) of the Limitation of Actions Act (Chapter 22) suggests a discretion…

…The Limitations of Actions Act is removed from application in employment claims. The employment was terminated through a notice dated 9 August 2021.…

…It requires that; Notwithstanding the provisions of section 4(1) of the Limitation of Actions Act (Cap. 22), no civil action or proceedings based or arising out of this Act or a contract of service in general shall lie or…

…It follows that the limitation period was governed by the Limitation of Actions Act and not the Employment Act 2007 since it had not been enacted.…

…Section 4 (1) of the Limitation of Actions Act provides that: - “(1) The following actions may not be brought after the end of six years from the date on which the cause of action accrued- a) Actions founded on contract;…

…In view of the said date of the applicant’s exit, the applicable law to this matter was the Limitations of Actions Act since Employment Act 2007 had not been passed into law.…

…The question that follows is whether extension of time can be based on a claim of disability under section 22 of the Limitations of Actions Act which provides as following terms: “22.…

…The 1st respondent’s Notice of Preliminary Objection raises the issues of limitation of actions and res judicata.…

…Concerning limitations of actions, while the 1st respondent submitted that the action is barred by dint of Section 89 of the Employment Act on account that it is premised on the causes of action arising on 1st August, 2018…

…The objection is that the entire proceedings are in contravention of section 4(1)(d) of the Limitation of Actions Act.…

…The 1st respondent submitted that section 4(1)(d) of the Limitation of Actions Act does not allow suits for recovery of dues beyond 6 years.…

…And that the issue of limitation of actions goes to the jurisdiction of the court and needs to be considered and determined.…

…That such claim under section 7 of the Limitation of Actions Act has a limitation period of 12 years which has not elapsed.…

…the Limitation of Actions Act as read with section 90 of the Employment Act.…

…Reliance was placed on section 90 of the Employment Act and section 4(2) of the Limitation of Actions Act.…

…Limitation of time: action against transferee of business 1.…

…The PO challenges the court’s jurisdiction on the basis of limitation of actions under Section 8 of the Transfer of Businesses Act (hereafter the TBA). Section 8 of the TBA is a limitation of actions clause.…

…the Limitation of Actions Act (Cap 22 Laws of Kenya).…

…the Limitation of Actions Act (Cap 22 Laws of Kenya).…