Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: CivilCivil Appeal
…The limitation period for actions founded on simple contract or on tort in England is six years. Section 2(1) Limitation Act 1939.…
…The Act is a Limitation Act; it relates only to procedure.…
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 Case
…having considered Mr Juma’s argument, and particularly grounds 5 an 6 of the proposed memorandum of appeal which state: “It was wrong in principle to have set aside the dismissal when a fresh action was already barred by limitation…
…, and the policy of the Courts, being to strike out the original suit and not to allow it to proceed (and a portion to be reopened ) after limitation has expired.…
Division and case type: CivilCivil Appeal
…defendant, denied that he was registered to hold upon trust for the respondents, averred that the plaint was bad in law in that, no particulars of the trust were set out, and further that the suit was time-barred under the Limitation…
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: 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 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…