Case law
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Division and case type: CivilCivil Case
…under Order XXIII Civil Procedure Rules, by dint of the provisions of section 39 (1)(b) of the Limitation of Actions Act.…
…In his view estoppel can be raised in limine, and urged me to hold that the defendant is estopped from relying on limitation under Order XXIII Civil Procedure Rules, a defence he had waived. Mr.…
Division and case type: CivilMiscellaneous Application
…The point to decide here is whether breach of Fundamental Rights and redress thereof can be brought to Court any time irrespective of the Provisions of Limitation Act.…
…Here the law of limitation has not reserved for itself the liberty to circumvent the prosecution of these Fundamental Rights.…
Division and case type: CivilCivil Case
…Divecon and argued that points of limitation are to be taken during examination.…
…His argument simply is that the suit has been filed out of time, and is barred by the Limitation of Actions Act.…
Division and case type: CivilCivil Appeal
…The only document which mentioned any limitation was debit note No.1863 which indicated: “limitation as to use”: cv1 Clause: Jurisdiction 3rd party only new and young drivers Kshs.3,000/= excess on all claims Kshs.5,000/=…
…There is nothing on the face of that document to show that the limitation related to exclusion of passengers. Nor did the appellant adduce any evidence as to what “cv1” referred to.…
Division and case type: CivilCivil Case
…appeal on the following grounds: (1) That they obtained leave before filing the suit and the appellants did not by either evidence submissions or even cross examination challenge that averment. (2) That raising the issue of limitation…
…In reply counsel for the appellant stated that the issue of limitation is a matter of jurisdiction which can be raised at t any stage of the proceedings even on appeal.…
Division and case type: CivilCivil Suit
…Limitation of Actions Act (cap 22) section 27 2. Civil Procedure Rules order VIA rule 3 July 8, 1985, Trainor J delivered the following Judgment.…
…Both defendants denied negligence but the second defendant also pleaded the Limitation of Actions Act (cap 22).…
Division and case type: CivilCivil Case
…1999 and result conveyed to him by letter of 23.03.2002 after when he sent notice of intention to sue on 29.03.2002 and suit was filed on 9.08.2000 which was within time under both the Public Authorities Act Cap 39 and the Limitation…
…The first question of Limitation depends on the time calculated from the date the cause action arose.…
Division and case type: Milimani Commercial CourtsCivil Case
…Counsel also challenged this suit which he submitted was filled outside the limitation period. The cause of action he contended arose of 22nd April, 1997, and the suit was filed after six years.…
…Counsel referred to the Limitation of Actions Act to support the contention that a suit for recovery of money should be filed within 6 years from the date of the cause of action.…
Division and case type: CivilCivil Case
…The learned state counsel 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…
…In any case, I do not know whether she considered the effect of section 26(b) and or (c) of the Limitation of Actions Act, cap 22.…
Division and case type: Milimani Commercial CourtsCivil Suit
…Examples are an objection to the jurisdiction of the court, or a plea of limitation, or a submission that the parties are bound by the contract giving rise to the suit to refer the dispute to arbitration.”…
Division and case type: CivilCivil Appeal
…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 Suit
…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.…
Division and case type: CivilCivil Case
…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.…
Division and case type: Milimani Commercial CourtsUnclassified
…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…
Division and case type: Constitutional and Human RightsPetition
…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 ocer or master as stipulated in law. 32.…
Division and case type: CivilCivil Suit
…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…
Division and case type: CivilCivil Case
…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…
Division and case type: CivilCivil Suit
…Fractures had now healedfully without deformity but he still suffered from pain and limitation of movement of spine.…
Division and case type: Milimani Commercial CourtsCriminal Case
…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.…
Division and case type: Anti-CorruptionMiscellaneous Criminal Application
…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.…