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Kenya decisions
Decisions matching the current search
The High Court allowed an appeal, held a negligence claim was filed one day out of time under section 4(2) of the Limitation of Actions Act, and struck it out.
The court dismissed a preliminary objection, holding that limitation, alleged fraud, and land-control issues raised contested facts requiring trial evidence.
The Court of Appeal declined certification and leave to appeal to the Supreme Court, holding the proposed issues on fraud evidence and limitation were ordinary, not of general public importance.
Court of Appeal upheld the finding that the respondents had leave to sue, the group names referred to the same entity, and the appellants were not bona fide purchasers.
The Court of Appeal held that limitation and continuing-tort questions here depended on disputed facts, so the preliminary objections were not pure points of law.
The court allowed a preliminary objection and struck out an adverse possession claim, holding time could not run while the land was Government land.
The court dismissed an application to substitute a deceased defendant, holding that the counterclaim had already been extinguished by limitation and no live cause of action survived.
The court dismissed a preliminary objection that a trust-based land claim was time-barred, holding that section 20 of the Limitation of Actions Act preserves such claims.
The court upheld a preliminary objection and struck out KTK Advocates’ suit as time-barred under limitation law, finding the claim arose from a 2012 contract.
The court dismissed the appeal, holding the appellants lacked locus standi because they filed under a power of attorney without prior court approval.
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