Search court decisions

…The court held that the statutory limitation period was mandatory and absolute, and could not be extended through procedural rules.…

…Whether the six-month limitation period prescribed under section 9(3) of the Law Reform Act for ling an application for leave to apply for an order of certiorari was mandatory and absolute. ii.…

…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.…

…The charge is still valid if it can be proved even by inference as it is not covered by the limitation for summary offences set out in section 219 of the Criminal Procedure Code. 3.…

…elapsed between January, 1969, and the date the appellant was brought to court in February, 1988, not far short of twenty years, the charge if still valid it if can be proved, even by inference, as it is not covered by the limitation…

…Order XXXVI rule 3D subrules (1) and (2) of the Civil Procedure Rules, provides: “3D 1 1) An application under section 38 of the Limitation of Actions Act shall be made by originating summons. 2 2) The summons shall be supported…

…Section 38(1) of the Limitation of Actions Act, Cap 22 Laws of Kenya, the Act, is in the following terms: “38(1) Where a person claims to have become entitled by adverse possession to land registered under any of the Acts…

…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.…

…Another point which would be considered, though not argued, would be limitation.…

…Under section 7 of the Limitation of Actions Act (cap 22) no suit based on the claim of Land should be brought after the expiration of 12 years.…

…Fractures had now healedfully without deformity but he still suffered from pain and limitation of movement of spine.…

…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 ocer or master as stipulated in law. 32.…

…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.…

…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…

…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…