Muthumbi v SAP East Africa Limited & another (Civil Appeal E744 of 2024) [2026] KECA 404 (KLR) (27 February 2026) (Judgment)
- Court
- Court of Appeal
- Case number
- 404
- Citation
- [2026] KECA 404 (KLR)
- Decided
- 27 February 2026
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a ruling by the High Court of Kenya at NairobiCoramAleem Visram, Law, NYAMWEYA
Holding
The High Court's ruling on preliminary objections was upheld, and the appellant's suit was struck out.
Facts
The appellant, Mary Wagaki Muthumbi, filed a suit against SAP East Africa Limited and Deloitte Consulting Limited alleging negligence and a continuing tort. The respondents argued that the cause of action accrued in 2017, while the appellant claimed it was a continuing tort.
Issues
- Application and interpretation of section 4(2) of the Limitation of Actions Act
- Nature of the cause of action (negligence vs. continuing tort)
Reasoning
The High Court found that the nature of the cause of action was disputed, and the respondents argued that the cause of action accrued in 2017. The Court held that the appellant's claim was not timely.
Outcome
Appeal dismissed
Orders
- Suit struck out
Authorities cited
Legislation (1)
- Limitation of Actions Act
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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