Limitation Of Actions Act Cap 22 in Kenya

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Search Results...

46 sections

• 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,...

  
  
• Section 33 of 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 life or a term of years exceeding three years, the time while the easement is enjoyed during the continuance of the interest or term is excluded in the computation of...

  
  
• Section 34 of 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) Where a submission contains a term that no cause of action shall accrue in respect of a matter, the cause of action, for the purposes of this Act and of any other...

  
  
• Section 35 of 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 counterclaim is taken to be a separate action and to have been commenced on the same date as the action in which the set-off or counterclaim is pleaded.

  
  
• Section 36 of 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.

  
  
• Section 37 of 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 Titles Act (Cap. 282) or the Registered Land Act (Cap. 300), in the same manner and to the same extent as it applies to land not so registered, except that— (a) where,...

  
  
• Section 38 of 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 37 of this Act, or land comprised in a lease registered under any of those Acts, he may apply to the High Court for an order that he be registered as the proprietor of...

  
  
• Section 39 of 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 plead limitation is estopped from so doing. (2) For the purposes of subsection (1) of this section, “estopped” includes estopped by equitable or promissory...

  
  
• Section 40 of 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 in the courts of Kenya arising outside, as well as within, Kenya: Provided that, where a foreign law bars either the right or the remedy in respect of a cause of action...

  
  
• Section 41 of 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 enjoyed by the Government; (ii) mines or minerals as defined in the Mining Act (Cap. 306); (iii) mineral oil as defined in the Mineral Oil Act (Cap. 307);...

  
  
• Section 42 of 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 of Trust land; or (d) proceedings by the Government to recover possession of Government land, or to recover any tax or duty, or the interest on any tax or duty,...

  
  
• Section 43 of 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 (Cap. 280) (as amended by this Act); and (c) sections 41 and 42 of this Act, this Act applies to proceedings by and against the Government as it applies to...

  
  
• Section 44 of 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 repealed, or which in its application to Kenya is repealed, by this Act except in so far as the cause of action or right of action may be revived by an acknowledgement...

  
  
• Section 45 of 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 of this Act shall, if it has not then already ended, end at the time when it would have ended apart from this Act, or at the time when it would have ended if this Act had...

  
  
• Section 46 of 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. Power of court to extend time for commencing arbitration proceedings Where the terms of an agreement to refer future disputes to arbitration provides that any...