Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
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 Judicial ReviewJudicial Review
…the Limitation of Actions Act.…
…of Actions Act b.…
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 Commercial and TaxCommercial Matters
…the Limitation of Actions Act.…
…the Limitation of Actions Act.…
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 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 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
…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 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.…
…of Actions Act and does not extend to contractual disputes.…
Division and case type: High Court Commercial and TaxCommercial Matters
…the Limitations of Actions Act.…
…Section 4(2) of the Limitation of Actions Act Cap 22 states: “An action founded on tort may not be brought after the end of three years from the date on which the cause of action accrued.”…
Division and case type: High Court Civil Appellate DivisionSmall Claims Appeal Case
…of Actions Act. 6.…
…Section 4 of the Limitation of Actions Act prescribes the substantive limitation period for actions founded on contract or tort.…
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 Applicant contended that the Arbitrator failed to address critical issues, including the applicability of Sections 34 and 35 of the Limitation of Actions Act.…
Division and case type: High Court FamilyFamily Appeal
…The trial magistrate in dismissing the Summons ruled that the application was barred by the Limitation of Actions Act as a period of 12 years had already lapsed since the time the grant was made. 9.…
…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…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…They stated that the application offends the mandatory provision of section 4(2) of the Limitation of Actions Act and section 20 of the Defamation Act (Chapter 36 of the Laws of Kenya).…
…the Limitation of Actions Act: This appeal raises the question of the true construction of section 4 (4) of the Act.…
Division and case type: High Court Commercial and TaxCommercial Matters
…of Actions Act. 9.…
…the Limitation of Actions Act. 21.…
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.…
…It argues that the Counterclaim is time-barred under Sections 4 and 35 of the Limitation of Actions Act, that the Court lacks jurisdiction, and that the Counterclaim constitutes an abuse of the court process. 5.…
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 Appeal
…that the claim is not purely contractual but involves fraud and concealment and that under section 26 of the Limitation of Actions Act, the limitation period runs from the date of discovery of fraud or concealment.…
…It is not in dispute that under section 4(1)(a) of the Limitation of Actions Act , “ actions founded on contract ” must be brought within six years from the date the cause of action accrued.…
Division and case type: High Court Commercial and TaxCommercial Matters
…The Defendant’s case is that the professional undertaking in question amounts to a contract, which, pursuant to Section 4(1)(a) of the Limitation of Actions Act, ought to be enforced within six (6) years.…
…The central issue for determination is whether the Plaintiff’s claim is statute-barred under Section 4(1) of the Limitation of Actions Act.…