Edon Consultants (sued As A Firm) & 1 other v Davson & Ward & 1 other
The bottom line
#Kenya's Court of Appeal ruled you can't defeat a 12-year execution deadline by causing the delays yourself.
What this practically means
#Executive summary
#Key legal issues
#Whether execution of the 1994 decree via the notice to show cause was time-barred under section 4(4) of the Limitation of Actions Act
No. Because the appellant had, through abuse of court process, blocked execution until the ruling of Khamoni, J of 27th March 2009, limitation is reckoned from that date; twelve years from that date expired only in about March 2021, so the notice to show cause was squarely within time.
The Court traced the litigation history: after judgment, the appellant filed application after application, including a motion of 11th July 2007 contesting the accounts taken by the Deputy Registrar. Khamoni, J's ruling of 27th March 2009 found the application to be an attempt to delay the plaintiff's acquisition of the fruits of judgment and removed that roadblock. It would be unjust to reckon limitation time against the respondents while their execution attempts were being stonewalled; therefore time began running from 27th March 2009.
Whether the appellant could raise the statutory bar on recovery of interest under section 4(4) for the first time in the second appeal
No; the issue was never raised before the Deputy Registrar or in the first appeal and cannot be taken up in a second appeal.
Counsel for the appellant sought to widen the scope of argument beyond the preliminary objection raised before the Deputy Registrar and the trial Judge. The Court held that a second appeal is confined to matters of law as framed below; introducing a fresh ground that was never litigated in the courts below is impermissible, and the Court declined to deal with it.
Legal principles established
#- In a second appeal, the court's remit is limited to matters of law only, with deference to concurrent findings of fact unless they were reached on irrelevant considerations, on a failure to consider relevant matters, or are perverse or unsupported by evidence
- Limitation time under section 4(4) of the Limitation of Actions Act does not run against a decree-holder where execution has been obstructed by the judgment-debtor's abuse of court process; time is reckoned from the date the court removed that obstruction
- A new issue (here, statutory bar on recovery of interest) cannot be taken up for the first time in a second appeal
Court orders
#- 1.Appeal dismissed
- 2.Costs of the appeal awarded to the respondents
- On appeal from
- High Court of Kenya (Sergon, J), on appeal from the Deputy Registrar
- Not stated
- Jurisdiction invoked
- Second appeal filed with leave of the High Court granted on 22nd September 2016; limited to matters of law
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Edon Consultants (sued As A Firm) & 1 other v Davson & Ward & 1 other", Case Analysis (2025). Not stated in judgment (second appeal, filed with leave of the High Court granted 22nd September 2016). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/450/eng@2025-03-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.