Case law
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Division and case type: High Court Commercial and TaxCommercial Matters
…Limitation of time: action against transferee of business 1.…
…The PO challenges the court’s jurisdiction on the basis of limitation of actions under Section 8 of the Transfer of Businesses Act (hereafter the TBA). Section 8 of the TBA is a limitation of actions clause.…
Division and case type: CivilCivil Case
…the present named plaintiff in place of Bai Mewa d/o Umedram Bhagwan Pandya, (Mena) he thereby waived his right to rely on limitation under Order XXIII Civil Procedure Rules, by dint of the provisions of section 39 (1)(b) of…
…the Limitation of Actions Act.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…It follows then that Order 50 Rule 3 cannot apply to the provisions of the Limitation of Actions Act, unless the Limitation of Actions Act itself has allowed it, for the Civil Procedure Rules was not passed under the Limitation…
…of Actions Act, for the purpose of the Limitation of Actions Act, but under the Civil Procedure Act, for the purposes of the Civil Procedure Act.…
Division and case type: High Court DivCivil Appeal
…the Limitation of Actions Act. v.…
…the Limitation of Actions Act.…
Division and case type: High Court Judicial ReviewJudicial Review
…the Limitation of Actions Act.…
…the Limitation of Actions Act, thus, no interest could lawfully accrue after June 2017. 38.…
Division and case type: High Court Commercial and TaxCommercial Matters
…Arbitrator, C.J Mwaura, is not time barred by dint of Section 4 (1) (a) of the Limitation of Actions Act. 4.)…
…The Court further found that the claim was well within the statutory limitation period under Section 4(1)(a) of the Limitations of Actions Act. 11.…
Division and case type: MERU HIGH COURTCivil Appeal
…In the ordinary application of section 4(2) of the Limitation of Actions Act, the three-year limitation period expired on 3rd March 2021.…
…Accordingly, the Christmas vacation cannot be excluded when calculating the three years prescribed under section 4(2) of the Limitation of Actions Act. 19.…
Division and case type: High Court DivCivil Appeal
…Section 27 and 28 of the Limitation of Actions Act: These sections allow a Court of competent jurisdiction to extend the time to file a suit. ii.…
…the Limitations of Actions Act.…
Division and case type: High Court Commercial and TaxCommercial Matters
…the Limitation of Actions Act.…
…the Limitation of Actions Act.…
Division and case type: High Court Commercial and TaxCommercial Matters
…the Limitation of Actions Act . 7.…
…the Limitation of Actions Act .…
Division and case type: High Court Commercial and TaxCommercial Matters
…It was the Applicant’s case that the Plaintiff's claim is statute-barred under Section 4(2) of the Limitation of Actions Act.…
…Section 4(2) of the Limitation of Actions Act provides as follows: 2.…
Division and case type: High Court Commercial and TaxCommercial Matters
…of Actions Act. 2.…
…It argues that the Court of Appeal conclusively determined the applicability of section 4(4) of the Limitation of Actions Act, and this court cannot reopen that issue.…
Division and case type: High Court FamilyFamily Appeal
…Section 4 (4) of the Limitation of Actions Act which the trial magistrate relied on provides as follows; “An action may not be brought upon a judgment after the end of twelve years from the date on which the judgment was…
…of actions and arbitrations.…
Division and case type: High Court Commercial and TaxCommercial Matters
…The 3rd Defendant was, however, enjoined to the suit only on 11/9/24; over seven years after the cause of action accrued, contrary to section 4(1) of the Limitation of Actions Act, which limits contractual claims to six years…
…The sole issue requiring this Court’s determination is whether the suit against the Defendant herein is barred by the Limitations of Actions Act. 12.…
Division and case type: High Court Commercial and TaxCommercial Matters
…The Preliminary objection raised is that the claim is time-barred as per the Limitation of Actions Act. 4.…
…The 1st Defendant’s Preliminary Objection challenges the Counterclaim on the ground that it is time-barred under Section 4(1) of the Limitation of Actions Act.…
Division and case type: High Court Commercial and TaxCommercial Matters
…Okatch, learned Counsel for the plaintiff submitted that under Section 4(1) (a) of the Limitation of Actions Act, a contractual claim must be brought within six (6) years.…
…The plaintiff seeks leave to file a suit outside the statutory limitation period under Section 4 of the Limitation of Actions Act.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…to bring the suit within the exception in Section 27 of the Limitations of Actions Act.…
…He was cross-examined on this particular matter of limitations of action. Again he was re-examined by Mr.Kiogora on the issue of Limitation of Action. All that he did was to blame his advocate for the delay.…
Division and case type: High Court DivJudicial Review
…the Limitation of Actions Act.…
…On the question of limitation of action as provided by Section 4(4) of the Limitation of Actions Act, it is argued that immediately after issuance of the decree and certificate of costs issued on 22nd October, 2007, in the…
Division and case type: High Court Commercial and TaxCommercial Matters
…The applicant contended that section 19 of the Limitation of Actions Act is not applicable to this case.…
…the Limitation of Actions Act. 21.…
Division and case type: High Court Commercial and TaxCommercial Matters
…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.…
…The Limitation of Actions Act stipulates the time limit within which legal actions must be initiated.…