Martin Mugambi Mithega t/a Mithega & Kariuki v Invesco Assurance Company Ltd [2019] KEHC 2164 (KLR)
- Court
- High Court of Kenya
- Case number
- 2164
- Citation
- [2019] KEHC 2164 (KLR)
- Decided
- 7 November 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureRespondent's preliminary objection to Applicant's Bill of CostsCoramC. MEOLI
Holding
The Applicant's Bill of Costs is time barred, having been filed after a cumulative period of 10 years since the cause of action accrued.
Facts
Applicant was instructed by Respondent to defend Kiambu Civil Case No. 163 of 2005 in May 2005, and judgment was delivered in 2006. The Respondents claimed the Applicant's Bill of Costs was time barred.
Issues
- Whether the Applicant's Bill of Costs is time barred under the Limitation of Actions Act.
- Whether the Respondents' consent to suspend legal fees for one year is a valid defense to the Applicant's claim.
Reasoning
The court found the Applicant's Bill of Costs time barred due to the 10-year statute of limitations under the Limitation of Actions Act, as the Respondents' consent to suspend legal fees did not extend the statute of limitations.
Outcome
The preliminary objection is upheld, and the Respondents are awarded costs.
Authorities cited
Legislation (1)
- Limitation of Actions Act
Cases cited (4)
- Livingstone Kunini Ntutu vs County Council of Narok & 2 others (2015) eKLR
- Abincha & Co. Advocates vs Trident Insurance Company Ltd (2011) eKLR
- Mukisa Biscuits Manufacturing Co. Ltd v West End Distributors Ltd (1969) E.A 696
- Halsbury’s Laws of England 4th Edition, Volume 28 at paragraph 879
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.
Loading judgment…