90-Day (3 Months) Statutory Notice of Default Under Charge (Section 90 Land Act)
If a chargor defaults in any obligation under a charge for one month, the chargee may serve a statutory notice requiring rectification within not less than 90 days (3 months).
90 Days
Governed by Section 90(1) & (2) of the Land Act, 2012 and Section 57(a) of Cap 2 (trigger date excluded).
Calendar Days Counted
Periods under 6 days exclude Sundays and gazetted Kenyan public holidays.
Runs Through Recess
Appellate & statutory limitation periods continue unless certified.
Statutory Computation Rule (90 Days)
If a chargor defaults in any obligation under a charge for one month, the chargee may serve a statutory notice requiring rectification within not less than 90 days (3 months).
Key Practice Questions
Under Order 50 Rule 3 of the Civil Procedure Rules and Section 57(b) of the Interpretation and General Provisions Act (Cap 2), if the last day falls on a Sunday or gazetted public holiday when court registries are closed, the filing is duly done on the next working day.
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