Case law
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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 Suit
…7. limitation? 8. estoppel?…
…Limitation? This was not pleaded by the defendant’s advocate. The defendant admits the Mtsonga were constantly disrupting his right to plant what are called permanent trees which is only consistent with ownership.…
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: Constitutional and Human RightsConstitutional Petition
…Further by dint of the decision to commute the sentence of death to life, he was denied the right on access to court and that limitation was in breach of Article 48 and the fundamental right to a fair and public hearing in…
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: Constitutional and Human RightsElection Petition
…section 20(1) (a) and rule 14 (1) the Court was of the view that to reconcile the two one has to modify the application of rule 14 (1) (so as to bring the total time of presentation and service within the 28 day statute limitation…
Division and case type: CivilCivil Suit
…This power is vested in the chief executive who is the managing director with no specific limitation and he very well bonafidely believed and rightly so that he could commission works of such magnified without recourse to…
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…
Division and case type: CivilCivil Appeal
…A limitation may be either as to the kind and nature of the actions and matters of which the particular court has cognisance, or as to the area over which the jurisdiction shall extend, or it may partake of both these characteristics…