Case law
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Division and case type: CivilCivil Appeal
…The defendant, Daniel Kipkemei Cherogony who is the appellant in this appeal in a similarly home made and handwritten statement of defence stated as follows in defence: “That the cause of action arose in 1972 and the defendant…
…The issue of limitation of time immediately comes into mind as this suit was filed twenty (20) years after the cause of action arose.…
Division and case type: CivilCivil Case
…The plaint dated 18th August, 1995 discloses no cause of action against the defendants. It cannot survive the application. It is struck out with no orders as to costs. Orders accordingly.…
Division and case type: CivilCivil Case
…concludes her submission by stating that under the Public Authorities Limitation Act, cap 39 Laws of Kenya, this action is barred by section 3(1) as read with section 5 in that the action was filed 36 months after the date of…
…the cause of action.…