JUDGMENT OF THE COURT
The appellant brought a claim against the respondent and in both the original plaint and the amended plaint, the appellant's claim was for an alleged breach of contract which was entered into in 1983. The claim was brought to the High Court at Kakamega in 1990, some seven years from the date of the alleged breach. Faced with the defence of limitation, the appellant on the 11th February, 1991 long after the suit had been filed brought before the Court an application by way of notice of motion under Section 27 of the Limitation of Actions Act, Cap 22 Laws of Kenya , and under Order 50 rule 1 of the Civil Procedure Rules , and in that motion the appellant had prayed for an order that:
"... this suit be deemed to have been filed in time with the result that time be extended retrospectively."
That motion was consented to on 28th May, 1991 and Osiemo, J. made an order that the motion, as it was consented to, was granted. Section 27 (1) of the Limitation of Actions Act, pr…