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Kenyan Limitation of Actions Act

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HomeBrud.gifKenyan LawBrud.gifKenyan ActsBrud.gifKenyan Limitation of Actions Act

Chapter 22

An Act of Parliament to prescribe periods for the limitation for actions and arbitrations, and to make provision concerning the acquisition of easements by prescription, and for matters incidental thereto and matters connected therewith.

Part I – Preliminary

Part II – Periods Of Limitation

A – General

B – Actions of Contract and Tort and Certain Other Actions

  • Section 4: Actions of contract and tort, and certain other actions.
  • Section 5: Action for contribution from tortfeasor.
  • Section 6: Successive conversions, and extinction of title to converted goods.

C – Actions to Recover Land and Rent

  • Section 7: Actions to recover land.
  • Section 8: Actions to recover rent.
  • Section 9: Accrual of right of action in case of present interest in land.
  • Section 10: Accrual of right of action in case of future interest in land.
  • Section 11: Accrual of right of action in case of forfeiture or breach of condition.
  • Section 12: Accrual of right of action in case of certain tenancies.
  • Section 13: Right of action not to accrue or continue unless adverse possession.
  • Section 14: Redemption actions.
  • Section 15: Right of action not preserved by formal entry or continual claim.
  • Section 16: Administration dates back to death.
  • Section 17: Title extinguished at end of limitation period.
  • Section 18: Equitable interests.

D – Actions to Recover Money Secured by a Mortgage or Charge or to Recover Proceeds of Sale of Land

  • Section 19: Actions to recover mortgage money or proceeds of sale of land.

E – Actions in Respect of Trust Property or Movable Property of a Deceased Person

  • Section 20: Actions concerning trust property.
  • Section 21: Actions claiming movable property of deceased.

Part III – Extension Of Periods Of Limitation

A – Disability

  • Section 22: Extension of limitation period in case of disability.

B - Acknowledgement and Part Payment

  • Section 23: Fresh accrual of right of action on acknowledgement or part payment.
  • Section 24: Formalities as to acknowledgements and part payments.
  • Section 25: Effect of acknowledgment or part payment on person other than maker or recipient.

C – Fraud, Mistake and Ignorance of Material Facts

  • Section 26: Extension of limitation period in case of fraud or mistake.
  • Section 27: Extension of limitation period in case of ignorance of material facts in actions for negligence, etc.
  • Section 28: Application for leave of court under section 27.
  • Section 29: Provision where injured person has died.
  • Section 30: Interpretation of sections 27, 28 and 29.
  • Section 31: Part to apply to other laws of limitation.

Part IV – Acquisition Of Easements

  • Section 32: Means by which easements may be acquired.
  • Section 33: Where servient tenement held for limited interest or leased.

Part V – General

  • Section 34: Application of limitation law to arbitration.
  • Section 35: Set-off and counterclaim.
  • Section 36: Refusal of relief where acquiescence, etc.
  • Section 37: Application of Act to registered land.
  • Section 38: Registration of title to land or easement acquired under Act.
  • Section 39: Contract not to plead limitation, and estoppel.
  • Section 40: Causes of action arising abroad.
  • Section 41: Exclusion of public land.
  • Section 42: Exclusion of certain proceedings.
  • Section 43: Application to proceedings by or against Government.
  • Section 44: Actions already barred and pending actions.
  • Section 45: Causes of action already accruing or accrued.
  • Section 46: Spent.


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