Mary Wanyama & 5 others v John Oluoch Otieno [2018] KEHC 2037 (KLR)
- Court
- High Court of Kenya
- Case number
- 2037
- Citation
- [2018] KEHC 2037 (KLR)
- Decided
- 28 November 2018
The appeal is dismissed with costs to the respondent as the application for execution was not barred by the expiration of the limitation period.
Facts
The appellants were sued for general and special damages after the respondent sustained injuries while working as a mason in the appellants' premises. The respondent was awarded Kshs.100,000 in general damages and costs of the suit. The appellants filed an application seeking to have the execution of the judgment barred due to the expiration of the limitation period.
Issues
- Whether the application for execution was barred by the expiration of the limitation period
- Whether the consent entered within the twelve years rendered the application for execution non-barred
Reasoning
The judgment was delivered on 10th August 2000, and twelve years expired on 9th August 2012. Time started to run afresh on 8th August 2012 when the parties entered a consent. The consent was entered within the twelve years, and the judgment debtors were given 30 days to pay.
Outcome
Appeal dismissed
Orders
- The application for execution was not barred by the expiration of the limitation period
Remedies
- Costs to the respondent
Authorities cited
Legislation (1)
- Limitation of Actions Act
Cases cited (2)
- Njuguna v Njau (1980) eKLR
- Mohamed v Sardar (1970) EA 358
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