Judgment[2011] KEHC 126
Case law
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Division and case type: CivilCivil Case
…In the meantime, the 1st defendant has brought the present application dated 30th January, 2009 for orders that the originating summons be struck out for the reasons that: i) the claim is statute barred; ii) the agreement…
…Whether or not the action was statute barred, who was in breach of the agreement, whether the transfer to the 2nd defendant was fraudulent and the effect of failure to obtain consent from the Land Control Board as between…
Division and case type: CivilCivil Case
…FUAD J held that his pleading the Plaintiff has not shown any ground upon which he could escape the application of the Limitation Act and went a head to dismiss the suit for being statute-barred.…
Division and case type: CivilCivil Suit
…appeared for the substituted second defendant argued that at the time she was added to the plaint over three years had elapsed since the date of the accident and, therefore, the plaintiff’s claim against his client was statute…
…barred.…
Division and case type: CivilCivil Appeal
…The application was supported by an affidavit sworn by the Appellant’s Advocate who deponed inter alia that the plaintiff’s action was statute barred and further stated that the plaintiff failed and / or is unable to show…
Division and case type: CivilCivil Appeal
…The respondent in a written statement of defence denied its driver was in anyway to blame for the accident and, also, averred that the suit was statute barred.…
…Consequently, his suit having been filed in 1988, more than twelve months after 1986, it was statute barred. In effect his submission on that score was that leave to file suit out of time was improperly granted.…
Division and case type: CivilCivil Appeal
…If follows therefore that any action, in so far as it concerns the first respondent, is statute barred and accordingly misconceived.…