Kenya Railways Corporation v Telkom Kenya Limited (Civil Appeal 423 of 2018) [2024] KECA 9 (KLR) (25 January 2024) (Judgment)
- Court
- Court of Appeal
- Case number
- 9
- Citation
- [2024] KECA 9 (KLR)
- Decided
- 25 January 2024
The court held that the applicable statute of limitations is Section 4(1) of the Limitation of Actions Act, not Section 87 of the Kenya Railways Corporation Act.
Facts
Telkom Kenya Limited sued Kenya Railways Corporation for Kshs.271,100,360.92 in PSTN and data-oriented telecommunication services from the late 1980s to November 2006. The appellant denied liability and claimed the claim was time-barred.
Issues
- Whether the claim was time-barred
- Which statute of limitations applies: Section 4(1) of the Limitation of Actions Act or Section 87 of the Kenya Railways Corporation Act
Reasoning
The court found that the Limitation of Actions Act, enacted in 1967, generally applies to actions in tort and contract, while Section 87 of the Kenya Railways Corporation Act specifically applies to actions against the appellant. The court concluded that the claims would be barred by statute upon expiry of 6 years from the time Telkom was entitled to obtain a remedy against KRC.
Outcome
Affirmed the High Court's decision.
Authorities cited
Legislation (2)
- Limitation of Actions Act
- Kenya Railways Corporation Act
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