Edon Consultants (Sued as a Firm) & another v Davson & Ward & another (Civil Appeal 29 of 2019) [2025] KECA 450 (KLR) (7 March 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 450
- Citation
- [2025] KECA 450 (KLR)
- Decided
- 7 March 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureSecond appeal from a judgment of the High CourtCoramFA OCHIENG, J., K. Sergon, Khamoni, Sergon, J.
Holding
The appeal is dismissed with costs to the respondents
Facts
Edon Consultants and Jeremiah Eddy Obar Ndong appealed against the execution of a 1994 decree by Davson & Ward and Geomax Consulting Engineers. The appellant claimed the notice to show cause was time barred due to the 12-year limitation period, while the respondents argued the execution process was stalled due to disputes over computation of amounts due.
Issues
- Whether the notice to show cause was time barred under the Limitation of Actions Act
- Whether the appellant's numerous applications to block execution were relevant in determining the time bar
Reasoning
The notice to show cause was not time barred as it was filed within the 12-year limitation period. The appellant's numerous applications were not relevant in determining the time bar.
Outcome
Appeal dismissed
Authorities cited
Legislation (1)
- Limitation of Actions Act
Cases cited (1)
- Koinange Investment and Development Company Limited v Ian Kahiu Ngethe & 3 others (Being sued as the personal representatives of the Estate of Robert Nelson Ngethe (Deceased)) [2019] eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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