Limitation of Actions Act CAP 22▤
Amendment and repeal
The Arbitration Act (Cap. 49) is amended by inserting therein, immediately after section 18 thereof, a new section as follows— 18A…
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46 results · Limitation of Actions Act CAP 22
Limitation of Actions Act CAP 22▤
Causes of action already accruing or accrued
(1) Subject to subsection (2) of this section, the period of limitation for a cause of action which arose before the commencement…
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Limitation of Actions Act CAP 22▤
Actions already barred and pending actions
Nothing in this Act— (a) enables any action to be brought which was barred before the commencement of this Act by any written law…
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Limitation of Actions Act CAP 22▤
Application to proceedings by or against Government
Subject to— (a) section 33 of the Kenya Regiment (Territorial Force) Act (Cap. 200); (b) section 136 of the Government Lands Act (…
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Limitation of Actions Act CAP 22▤
Exclusion of certain proceedings
(1) This Act does not apply to— (a) criminal proceedings; or (b) matrimonial proceedings; or (c) an action to recover possession o…
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Limitation of Actions Act CAP 22▤
Exclusion of public land
This Act does not— (a) enable a person to acquire any title to, or any easement over— (i) Government land or land otherwise enjoye…
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Limitation of Actions Act CAP 22▤
Causes of action arising abroad
(1) The law relating to the limitation of actions, whether contained in this Act or in any other written law, applies to actions i…
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Limitation of Actions Act CAP 22▤
Contract not to plead limitation, and estoppel
(1) A period of limitation does not run if— (a) there is a contract not to plead limitation; or (b) that the person attempting to…
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Limitation of Actions Act CAP 22▤
Registration of title to land or easement acquired under Act
(1) Where a person claims to have become entitled by adverse possession to land registered under any of the Acts cited in section…
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Limitation of Actions Act CAP 22▤
Application of Act to registered land
This Act applies to land registered under the Government Lands Act (Cap. 280), the Registration of Titles Act (Cap. 281), the Land…
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Limitation of Actions Act CAP 22▤
Refusal of relief where acquiescence, etc.
Nothing in this Act affects any equitable jurisdiction to refuse relief on the grounds of acquiescence or otherwise.
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Limitation of Actions Act CAP 22▤
Set-off and counterclaim
For the purposes of this Act and any other written law relating to the limitation of actions, any claim by way of set-off or count…
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Limitation of Actions Act CAP 22▤
Application of limitation law to arbitration
(1) This Act and any other written law relating to the limitation of actions apply to arbitrations as they apply to actions. (2) W…
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Limitation of Actions Act CAP 22▤
Where servient tenement held for limited interest or leased
Where any land upon, over or from which any easement has been enjoyed or derived has been held for or by virtue of an interest for…
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Limitation of Actions Act CAP 22▤
Means by which easements may be acquired
(1) Where— (a) the access and use of light or air to and for any building have been enjoyed with the building as an easement; or (…
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Limitation of Actions Act CAP 22▤
Part to apply to other laws of limitation
Where a period of limitation is prescribed for any action or arbitration by any other written law, that written law shall be const…
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Limitation of Actions Act CAP 22▤
Interpretation of sections 27, 28 and 29
(1) In sections 27, 28 and 29 of this Act, any reference to the material facts relating to a cause of action is a reference to one…
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Limitation of Actions Act CAP 22▤
Provision where injured person has died
(1) In relation to an action to which section 27 of this Act applies, being an action in respect of one or more causes of action s…
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Limitation of Actions Act CAP 22▤
Application for leave of court under section 27
(1) An application for the leave of the court for the purposes of section 27 of this Act shall be made ex parte, except in so far…
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Limitation of Actions Act CAP 22▤
Extension of limitation period in case of ignorance of material facts in actions for negligence, etc.
(1) Section 4(2) does not afford a defence to an action founded on tort where— (a) the action is for damages for negligence, nuisa…
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Limitation of Actions Act CAP 22▤
Extension of limitation period in case of fraud or mistake
Where, in the case of an action for which a period of limitation is prescribed, either— (a) the action is based upon the fraud of…
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Limitation of Actions Act CAP 22▤
Effect of acknowledgement or part payment on person other than maker or recipient
(1) An acknowledgement of the title to any land or mortgaged movable property, by any person in possession thereof, binds all othe…
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Limitation of Actions Act CAP 22▤
Formalities as to acknowledgements and part payments
(1) Every acknowledgement of the kind mentioned in section 23 of this Act must be in writing and signed by the person making it. (…
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Limitation of Actions Act CAP 22▤
Fresh accrual of right of action on acknowledgement or part payment
(1) Where— (a) a right of action (including a foreclosure action) to recover land; or (b) a right of a mortgagee of movable proper…
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