Limitation of Actions Act | Cap. 22 — Kenya law | Esheria

Limitation of Actions Act

This Act may be cited as the Limitation of Actions Act.

Jurisdiction
Kenya
Instrument
Act or statute
Citation
Cap. 22
Version
31 Dec 2022
Language
en
Official source
View official record ↗

Source attribution: Source: Kenya Law

Statute overview

About this statute

This Act may be cited as the Limitation of Actions Act. Provides definitions of key terms used in the Act (for example: "arbitration", "assurance", "award", "contract", "fraud", "land", "minor"). Subsection (1) sets a special limitation period for partners’ secondary liability: the earlier of (a) the expiration of the limitation period for an action against the partnership in respect of the partnership obligation; or (b) if a judgment against the partnership establishing the obligation is after that expiration, two years after that judgment; subsection (1) applies to former partners; applicability is unaffected by appeals or stays of execution. Section 10 sets when the right of action to recover a future interest in land accrues and bars actions brought after statutory limitation periods or outside the period the maker of an assurance could have sued; it also bars actions for future interests when possession of the present estate is barred unless possession is recovered by an intermediate estate. A right of action to recover land accrues when the liability to forfeiture is incurred or the condition broken; if that right accrued to a person entitled to an estate or interest in reversion but the land was not recovered, the right does not accrue to that person until their estate or interest falls into possession.

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