Limitation of Actions Act Kenya
What Is The Limitation of Actions Act Kenya?
The Limitation of Actions Act in Kenya provides a time limit for bringing legal actions to recover land. According to the Act, no person may bring an action to recover the land after the expiration of twelve years from the date when the right of action accrued to them.
This means that if someone has a claim to a piece of land but fails to assert that claim within twelve years of the right of action accruing to them, they will lose the right to bring legal action to recover the land.
In addition, if the right of action first accrued to a person through whom the claimant is claiming, the twelve-year time limit applies from the date when the right of action first accrued to the original claimant.
It’s important to note that the Limitation of Actions Act applies to all types of land, including private and public land. It also applies to all types of claims, including claims based on ownership, possession, or any other interest in the land.
Overall, the Limitation of Actions Act serves as a reminder that it’s important to act quickly and assert legal claims to land within the prescribed time limits to avoid losing the right to recover the land through legal means.
What Is the Public Authorities Limitation Of Actions Act?
The Public Authorities Limitation of Actions Act is a law that sets out specific limitations for legal actions that involve public authorities.
The Act applies to a range of legal actions, including contract and tort actions, actions to recover land, registered title, and rent, actions to recover money secured by a mortgage or charge, and actions in respect of trust property or movable property of a deceased person.
The Act sets out specific time limits within which legal actions must be brought against public authorities.
These time limits are intended to ensure that disputes are resolved in a timely manner and to protect public authorities from the risk of being sued for actions that occurred many years ago.
For example, under the Act, a person who wishes to bring legal action against a public authority must do so within six years of the cause of action arising. However, there are some exceptions to this rule.
For instance, in cases where a person has suffered personal injury as a result of the actions of a public authority, the time limit for bringing a legal action may be extended to three years from the date when the person became aware of their injury.
Overall, the Public Authorities Limitation of Actions Act is an important law that ensures that legal actions against public authorities are brought within a reasonable time frame.
It’s important for individuals who believe they have a claim against a public authority to seek legal advice promptly to ensure that they do not miss any limitation periods that may apply under this Act.
Importance of the Limitation of Actions Act (Cap 22) Law of Kenya.
The Limitation of Actions Act (Cap 22) is an important law in Kenya that sets out the time limits within which legal actions must be brought.
The Act plays a crucial role in ensuring that legal disputes are resolved in a timely manner and that parties are not unfairly prejudiced by the passage of time.
Here are three numbered points on the importance of the Limitation of Actions Act in Kenya:
- Clarity and certainty: The Act provides clear time limits within which legal actions must be brought, which helps to prevent disputes from lingering indefinitely.
This ensures that parties are aware of their rights and obligations, and can make informed decisions about how to proceed with their case.
- Protection for defendants: The Act helps to ensure that defendants are not unfairly burdened with the risk of legal claims arising from actions that took place many years ago.
This is particularly important in cases where evidence may have become lost or degraded over time, or where key witnesses may no longer be available.
- Timely and fair resolution of disputes: By specifying the time limits within which legal actions must be brought, the Act helps to ensure that legal disputes are resolved in a timely and fair manner.
This benefits both plaintiffs and defendants, as it helps to prevent disputes from dragging on unnecessarily, and ensures that parties can move on from the dispute in a reasonable amount of time.