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…On the 23rd day of October 1981 the appellant David Stephen Gatune as applicant moved the High Court, Nakuru (Mead J as he then was) by a Notice of Motion ex parte pursuant to section 22 and 28 of the Limitation of Actions…

…Arguing the appeal, Mr Kariuki referred to Section 28 of the Limitation of Actions Act (the Act) under which the appellant had applied for leave of the Court for purposes of section 27 of the Act and pointed out that the…

…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.…

…The issue of limitation of time immediately comes into mind as this suit was filed twenty (20) years after the cause of action arose.…

…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…

…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…

…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…