Section 32 of 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
(b) any way or watercourse, or the use of any water, has been enjoyed as an easement; or
(c) any other easement has been enjoyed,
peaceably and openly as of right, and without interruption, for twenty years, the right to such access and use of light or air, or to such way or watercourse or use of water, or to such other easement, is absolute and indefeasible.
(2) The said period of twenty years is a period (whether commencing before or after the commencement of this Act) ending within the two years immediately preceding the institution of the action in which the claim to which the period relates is contested.
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- 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...