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…The ex parte applicant opposed the contention on the following grounds: a) The opposition is intended to delay the application. b) An order of mandamus is not subject to a time limitation. 3.…

…Courts have spoken on the time limitation regarding the order for mandamus severally.…

…of time must be pleaded. iii.…

…This then means that time limitation started running from 21st May 2013. That being the case, the Appellant then had up to 13th May 2019 to file his claim.…

…of time must be pleaded. iii.…

…This then means that time limitation started running from 21st May 2013. That being the case, the Appellant then had up to 13th May 2019 to file his claim.…

…By this time, the limitation period had not lapsed. The documents were however received and file on 25th June 2020 by the court by which time limitation had set it (in).…

…“……The correctness or otherwise of the time limitation is not an issue for the court to determine, but rather to interpret.…

…To hold otherwise would be to place an implication that goes against clear statutory provision…” As correctly submitted by both parties the law places a time limitation on the Commissioner but not on the tax payer.…

…It is noteworthy that in the cited case, the respondent had not raised the issue of time limitation as an objection and had proceeded to argue the appeal substantively.…

…In Monata Matiko Chonchorio vs John Chabaro (2021) eKLR it was held that; ‘Jurisdiction of a court is conferred by a Statute or the Constitution and it is no doubt that the issue of limitation of time goes to the root of…

…E039 of 2021 (unreported), where the proceedings were based on statutes which carried time limitations, couched in language similar to that used in section 34(1) of the Small Claims Court Act, and it was held that once that…

…If the sixty days’ time limitation was not meant to be strict, then Parliament, through the legislation, would not have gone to those lengths, to provide for these requirements.…

…Accordingly, and for the reasons set out above, the instant appeal is partially successful with respect to the objection on time limitation.…

…The objection on time limitation is upheld with the result that the decision of the Tribunal on this issue is hereby set aside and substituted with an order striking out the suit for having been filed out of time. 27.…

…The grounds are that the judgment is null and void, for being delivered after the six-month time limitation, and, therefore, without jurisdiction. There are various other grounds raised. 4.…

…The grounds are that the judgment is null and void, for being delivered after the six-month time limitation, and, therefore, without jurisdiction. There are various other grounds raised. 4.…

…Accordingly, and for the reasons set out above, the instant appeal is partially successful with respect to the objection on time limitation.…

…The objection on time limitation is upheld with the result that the decision of the Tribunal on this issue is hereby set aside and substituted with an order striking out the suit for having been filed out of time.…

…Magistrate erred in law in failing to sufficiently address herself to the principles that govern breach of contract claims and hence misdirected herself in the exercise of her judicial discretion while addressing the issue of time…

…limitation. v.…

…Limitation of actions ensures there is an end to litigation. The 3 rd respondent further contended that limitation of time brings certainty, finality and ensures quality adjudication of claims.…

…limitations in section 15 of the Act.…

…Secondly, given the time limitations, the Adjudicator seized of the matter should have heard it on 16th August 2023, when it was fixed for hearing. The excuse that there was a transfer was not good enough.…

…Section 34(1) of the Small Claims Act does not just set a time limitation of sixty days, within which these claims should be heard and determined.…

…The petitioner argued that there is no time limitation in claims for violation of constitutional rights; that the deceased was subjected to inhuman treatment when he was arrested, detained and tortured together with his colleagues…

…The petitioner’s response was that there is no time limitation in filing constitutional petitions challenging violation of fundamental rights and freedoms.…

…authority inherits liabilities and the act of succeeding the previous local authority cannot create a cause of action thus the commencement date of the cause of action remains either 2008 or 30/10/2012 and in both cases the time…

…limitation has lapsed.…

…The trial Magistrate in her considered judgment, did suo moto raise a preliminary issue on time limitation, which she dealt with first as it touched on jurisdiction and held that the suit had been filed (one day) late and…

…The judgement herein is more that twelve (12) years old and is caught up by limitation of time. 5.…

…The trial Magistrate dealt with the issue of time limitation in respect to execution of a decree and disposed of the preliminary Objection on that score. This dismissal, is the subject of this appeal. 7.…

…My view is that there is no time limitation and that an application for revocation can be made at any time.…

…That, however, does not introduce time limitation; it merely requires the court to bring in to bear reasonableness in its exercise of discretion on whether or not to revoke a grant… The Limitation of Actions Act prescribes…