Pauline Cherono Kones & another v Kenya Civil Aviation Authority [2016] KEHC 2595 (KLR)
- Court
- High Court of Kenya
- Case number
- 2595
- Citation
- [2016] KEHC 2595 (KLR)
- Decided
- 6 October 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePreliminary ObjectionPostureDefendant's Preliminary Objection to SuitCoramL NJUGUNA
Holding
The court dismissed the preliminary objection.
Facts
The Civil Aviation Act Cap 394 was in force when the suit was filed, and the defendant argued that the suit was time-barred as it was filed more than one year after the cause of action arose on June 10, 2008.
Issues
- Whether the suit is time-barred under Section 7E of the Civil Aviation Act Cap 394
- Whether the repeal of the Civil Aviation Act Cap 394 affects the validity of the suit
Reasoning
The court ruled that the suit was not time-barred as the Civil Aviation Act was still in force when the suit was filed, and there was no provision in the repealed act that saved any of its provisions.
Outcome
Defendant's Preliminary Objection dismissed
Authorities cited
Legislation (2)
- Civil Aviation Act Cap 394
- New Civil Aviation Act No. 21 of 2013
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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