[2019] KEHC 6758 (KLR)

[2019] KEHC 6758 (KLR)

The court found that the plaintiff's cause of action, based on alleged fraud in the transfer of land, accrued when the plaintiff discovered the fraud on 13th January 2015. Under Section 26 of the Limitation of Actions Act, the limitation period for fraud begins upon discovery. The plaintiff filed suit on 20th August...

Source-derived case information.

Citation
[2019] KEHC 6758 (KLR)
Parties
Plaintiff: Edward Moonge Lengusuranga; Defendant: James Lanaiyara; Defendant: County Land Registrar Nyandarua/Samburu Counties
Court
High Court
Court Station
High Court at Nyahururu
Jurisdiction
Kenya
Case Number
Environment & Land Case 49 of 2018
Procedural Posture
Preliminary Objection / Ruling on Preliminary Objection
Outcome
preliminary objection upheld; suit struck out as statute barred
Legal Topics
Limitation of Actions, Fraudulent Land Transfer, Recovery of Land, Jurisdiction, Sale of Land, Statutory Bar
Source Language
en
Land and Property Civil Procedure Limitation of Actions Fraudulent Land Transfer Recovery of Land Jurisdiction Sale of Land Statutory Bar

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Parties

Edward Moonge Lengusuranga

Plaintiff

James Lanaiyara

Defendant

County Land Registrar Nyandarua/Samburu Counties

Defendant

Procedural Posture

Preliminary Objection / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the plaintiff's suit is statute barred under the Limitation of Actions Act.
  2. 2 Whether the preliminary objection raised by the 1st defendant is sustainable and should be upheld.
  3. 3 Whether the court has jurisdiction to entertain the suit given the alleged lapse of limitation period.

Ratio Decidendi

The court found that the plaintiff's cause of action, based on alleged fraud in the transfer of land, accrued when the plaintiff discovered the fraud on 13th January 2015. Under Section 26 of the Limitation of Actions Act, the limitation period for fraud begins upon discovery. The plaintiff filed suit on 20th August 2018, more than three years after the discovery of the alleged fraud, thus exceeding the statutory limitation period for actions founded on tort or fraud. Additionally, the court held that the limitation period for recovery of land under Section 7 of the Limitation of Actions Act is twelve years from the date the right of action accrues. The land was registered in the 1st...

Court Disposition

preliminary objection upheld; suit struck out as statute barred

Orders

  • The plaintiff's suit is struck out with costs to the 1st and 2nd defendants.