Limitation of Actions Act

10A. Special time limit for secondary liability of partners

Edition: 2022-12-31 · In force

10A. Special time limit for secondary liability of partners

(1)An action to hold a partner personally liable under the law relating to partnerships for a partnership obligation may not be brought after—

(a)the date of the expiration of the period of limitation (if any) applicable under this Act to an action against the partnership in respect of the partnershi obligation; or

(b)if the date of judgement against the partnership establishing the partnership obligation is after the date referred to in paragraph (a), two years after that date.

(2)Subsection (1)(b) applies—

(a)whether or not there is an appeal against the judgment; and

(b)whether or not execution of the judgment is stayed.

(3)Subsection (1) applies to a former partner as it applies to a partner.[Act No. 16 of 2012, s. 79.]

← Previous provision Next provision →

Source: Kenya Law