Kibuchi & Company Advocates v Kenindia Assurance Company Limited (Miscellaneous Application 703 of 2018) [2023] KEHC 3469 (KLR) (Civ) (20 April 2023) (Ruling)
- Court
- High Court of Kenya
- Case number
- 3469
- Citation
- [2023] KEHC 3469 (KLR)
- Decided
- 20 April 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureRespondent raised a preliminary objection on grounds that the bill of costs was statute-barred.CoramCW MEOLI
Holding
The court finds the preliminary objection has merit and upholds it, striking out the bill of costs with costs to the Respondent.
Facts
Kibuchi & Company Advocates filed a Bill of Costs against Kenindia Assurance Company Limited. The Respondent argued the bill was time-barred due to the limitation period under Section 4(1) of the Limitation of Actions Act.
Issues
- Whether the bill of costs was statute-barred.
- Whether the cause of action accrued on the date of the final demand letter or the date of filing the bill of costs.
Reasoning
The court ruled that the bill of costs was time-barred due to the limitation period under Section 4(1) of the Limitation of Actions Act, as the Applicant filed the bill of costs nine years after the primary suit was concluded.
Outcome
The bill of costs is time barred and struck out with costs to the Respondent.
Orders
- The bill of costs dated 14.12.2018 is struck out with costs to the Respondent.
Authorities cited
Legislation (1)
- Limitation of Actions Act
Cases cited (6)
- Abincha & Company Advocates v Trident Insurance Company Limited
- Akide & Company Advocates v Kenindia Assurance Co. Ltd
- Migos Ogamba & Co. Advocates v Kenindia Assurance Co. Ltd
- Martin Mugambi Mithega t/a Mithega & Kariuki v Invesco Assurance Company Ltd
- Shah & Parekh v Kenindia Assurance Company Limited
- Kibuchi & Company Advocates v Kenindia Assurance & Co. Limited
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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