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…In that case the applicant applied for leave to file an action outside the limitation period on the ground that material facts were outside his knowledge.…

…Trevelyan J held inter alia that ignorance of the statutory period of limitation could not be a material fact within the section.…

…The limitation period for actions founded on simple contract or on tort in England is six years. Section 2(1) Limitation Act 1939.…

…Secondly, the limitation period for an action founded on tort here is not the same, as it is in England, but different and only three years.…

…The Plaintiff filed suit after limitation period without leave. The Plaintiff made attempt, without pleading, to argue that the case out of the limitation bar.…

…Counsel also challenged this suit which he submitted was filled outside the limitation period. The cause of action he contended arose of 22nd April, 1997, and the suit was filed after six years.…

…There is no provision for extension of time to apply for such leave in the Limitations of Actions Act (Cap 22, Laws of Kenya) which gives some limited right for extension of time to file suits after expiry of a Limitation…

…period.…

…By an ex-parte originating Summons filed under order XXXVI Rule 3 C(1) of the Civil Procedure Rules and Section 3A of the Civil Procedure Act, the respondent applied to the court for extension of the Limitation period to…

…of limitation prescribed for that cause of action or was not earlier than one year before the end of that period; and b)In either case was a date not earlier that one year before the date on which the action was brought.…

…of limitation be extended.…

…The appellant’s contention is that the facts relating to the loss of eyesight came to his knowledge after the three year period of limitation and that some of the facts which the appellant did not know about were; in 1977…