Case law
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Division and case type: CivilCivil Appeal
…the Limitation of Actions Act (the Act), in not appreciating that a medical certificate issued while the appellant waited to proceed to Moscow for treatment for his injury could have served no purpose in his claim for damages…
…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…
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…
…of Actions Act (Cap 22).…
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…
…Act and now held the land in trust for her under Section 37 of the same Act together with Sections 28 and 30 of the Registered Land Act.…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Appeal
…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.…