CAROLINE WANJIRU NDERITU V PHOENIX PUBLISHERS LIMITED & ANOTHER [2012] KEHC 2036 (KLR)
- Court
- High Court of Kenya
- Case number
- 2036
- Citation
- [2012] KEHC 2036 (KLR)
- Decided
- 3 October 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to strike out the suit against the 2nd DefendantCoramE. K. O. OGOLA
Holding
The suit is struck out with respect to the 2nd Defendant GLAXOSMITHKLINE LIMITED.
Facts
The Plaintiff Caroline Wanjiru Nderitu alleged that she became aware of an alleged breach of copyright in her works on or about 23rd September 2004. The Plaintiff filed the suit on 3rd November 2008.
Issues
- Whether the Plaintiff's suit is time barred under the Limitation of Actions Act
- Whether the Plaintiff's claim against the 2nd Defendant is a nullity in law
Reasoning
The claim is based on tort and should have been filed within 3 years from the date the cause of action arose, which was on 23rd September 2004. The suit was filed more than one year later.
Outcome
The Plaintiff's suit against the 2nd Defendant is struck out with costs to the 2nd Defendant.
Orders
- The suit herein be struck out against the 2nd Defendant
Remedies
- The costs of this application shall be borne by the Plaintiff
Authorities cited
Legislation (3)
- Limitation of Actions Act Chapter 22 Laws of Kenya
- Civil Procedure Act
- Civil Procedure Rules
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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