Section 26 of 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 the defendant or his agent, or of any person through whom he claims or his agent; or
(b) the right of action is concealed by the fraud of any such person as aforesaid; or
(c) the action is for relief from the consequences of a mistake, the period of limitation does not begin to run until the plaintiff has discovered the fraud or the mistake or could with reasonable diligence have discovered it:
Provided that this section does not enable an action to be brought to recover, or enforce any mortgage upon, or set aside any transaction affecting, any property which—
(i) in the case of fraud, has been purchased for valuable consideration by a person who was not a party to the fraud and did not at the time of the purchase know or have reason to believe that any fraud had been committed; or
(ii) in the case of mistake, has been purchased for valuable consideration, after the transaction in which the mistake was made, by a person who did not know or have reason to believe that the mistake had been made.
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- Section 27 - 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, nuisance or breach of duty (whether the duty exists by virtue of a...
- Section 28 - 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 as rules of court may otherwise provide in relation to applications...
- Section 29 - 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 surviving for the benefit of the estate of a deceased person by virtue...
- Section 30 - 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 or more of the following—
(a) the fact that personal injuries...
- Section 31 - 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 construed as if Part III of this Act were incorporated in it.
- Section 32 - 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
(b) any way or watercourse, or the use of any water, has been...
- Section 33 - 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 life or a term of years exceeding three years, the time while the...
- Section 34 - 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) Where a submission contains a term that no cause of action shall...
- Section 35 - 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 counterclaim is taken to be a separate action and to have been commenced on...
- Section 36 - Refusal of relief where acquiescence, etc.
Nothing in this Act affects any equitable jurisdiction to refuse relief on the grounds of acquiescence or otherwise.
- Section 37 - 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 Titles Act (Cap. 282) or the Registered Land Act (Cap. 300), in the...
- Section 38 - 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 37 of this Act, or land comprised in a lease registered under any of...
- Section 39 - 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 plead limitation is estopped from so doing.
(2) For the purposes...
- Section 40 - 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 in the courts of Kenya arising outside, as well as within, Kenya:...
- Section 41 - 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 enjoyed by the
Government;
(ii) mines or minerals as defined in the...
- Section 42 - 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 of Trust land; or
(d) proceedings by the Government to recover...
- Section 43 - 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 (Cap. 280) (as amended by this Act); and
(c) sections 41 and 42...
- Section 44 - 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 repealed, or which in its application to Kenya is repealed, by this...
- Section 45 - 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 of this Act shall, if it has not then already ended, end at the time...
- Section 46 - Amendment and repeal
The Arbitration Act (Cap. 49) is amended by inserting therein, immediately after section 18 thereof, a new section as follows—
18A. Power of court to extend time for commencing arbitration...