Search court decisions

…The objection challenged the competence of the suit instituted by the 1st Respondent on the ground that it was barred by limitation under section 4(2) of the Limitation of Actions Act, Cap. 22 Laws of Kenya. 2.…

…The purpose of limitation statutes is well established.…

…The ruling that follows is a determination of three issues: the limitation question under the Limitation of Actions Act and Defamation Act; the question of limitation under the Public Authorities Limitation Act; and the issue…

…Section 3(1) of the Public Authorities Limitation Act imposes a strict twelve-month limitation period for tort claims against government entities, including the DPP.…

…The Learned Trial Magistrate erred in failing to appreciate that the limitation of action as envisaged under section 4(2) of the Limitation of Actions Act runs from the date of the accident, that is 14/02/2017, and not from…

…period provided under section 4(2) of the Limitation of Actions Act. v.…

…The Defendants rely on Section 4(1)(a) of the Limitation of Actions Act, which prescribes a limitation period of six years for actions founded on contract.…

…Section 6 of the Public Authorities Limitation Act makes Part III of the Limitation of Actions Act applicable to proceedings governed by that Act, subject to the stated qualifications. 38.…

…It was argued that the Defendants’ conduct and representations constituted a continuing cause of action and that under section 39(1)(b) of the Limitation of Actions Act, the 3rd Defendant was estopped from pleading limitation…

…In conclusion, the Plaintiff urged the court to find that the claim arose only upon discovery of the final repudiation in 2024, that limitation was suspended under sections 26 and 39 of the Limitation of Actions Act and equitable…

…They rely on Section 4(4) of the Limitation of Actions Act and several authorities. 44.…

…When the Limitation of Actions Act or any other statute prescribe a period of limitation for initiating legal proceedings, any legal action has to be brought within such prescribed period.…

…According to Section 4(1) of the Limitations of Actions Act, the Plaintiff’s suit was within the six-year limitation period, specifically on 6th March 2020.…

…Under Section 23 of the Limitation of Actions Act, an acknowledgment by the defendant that a debt or claim is owed can effectively restart the limitation period for bringing a legal action.…

…The Arbitrator, in a ruling delivered on 27th September 2024, dismissed the objection, holding that the arbitral proceedings commenced within the six-year limitation period as per Sections 22 and 34(3) of the Limitation of…

…cause of action falls within the statutory limitation period.…

…If this be the case then there would be no need for any limitation period to be specified.…

…Being a tort carrying a 3 years-limitation of actions window under Section 4(2) of the Limitation of Actions Act , I agree with Mr. Kabaiku that this claim, too, was no doubt, brought out of time. 31.…

…Section 4 of the Limitation of Actions Act prescribes the substantive limitation period for actions founded on contract or tort.…

…The Court of Appeal held that the rule could not be used to enlarge the six-year limitation period under section 4(1) (a) of the Limitation of Actions Act. 21.…

…The provision postpones the operation of the limitation period in cases involving fraud. 4.…

…Hence, the limitation period consequently expired on or about 1st September, 2017.…

…He argues that the plaint raises issues of fraud, which impacts when the limitation period begins to run.…

…He asserts that the Bank only discovered the alleged fraud in December 2019, thereby resetting the clock for the limitation period.…

…on 2nd March 2022, the limitation period under Section 4(2) of the Limitation of Actions Act expired on 1st March 2025.…

…Under Section 4(2) of the Limitation of Actions Act, the limitation period for actions founded on tort is three years. This means that strictly computed, the limitation period would expire on 2nd March 2025. 19.…

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

…Limitation of actions be specifically pleaded 14. Be that as it may, limitation of actions as a defence must be specifically pleaded. Order 2 rule 4 of the Civil Procedure Rules. 15.…

…Section 3 of the Public Authorities Limitation Act states that the sort of suit filed by the plaintiff ought to be filed within three years of the date when the cause of action arose.…

…Unfortunately, for the plaintiff, negotiations are not an exception to the strict limitation period within which a suit against a public authority should be filed as prescribed under section 3 of the Public Authorities Limitation…

…In support of its argument on limitation, the Defendant also relies on Vinu K.…

…under Section 4(1)(a) of the Limitation of Actions Act.…

…The Preliminary objection raised is that the claim is time-barred as per the Limitation of Actions Act. 4.…

…limitation. 17.…

…The Appellant submits that the subordinate court misapplied section 4(1)(a) of the Limitation of Actions Act on the 6-year limitation period for actions founded on contract as the tenancy agreement was oral, not written,…

…that the claim is not purely contractual but involves fraud and concealment and that under section 26 of the Limitation of Actions Act, the limitation period runs from the date of discovery of fraud or concealment.…

…by limitation.…

…Indeed, section 3 of the Act provides that part II of the Act which specifies various limitation periods is subject to part III which provides for extension of the periods of limitation.…