[2017] KEHC 6723 (KLR)

[2017] KEHC 6723 (KLR)

The court held that sections 27 and 28 of the Limitation of Actions Act only empower the court to extend time for filing suits in limited tortious cases involving negligence, nuisance, or breach of duty resulting in personal injuries. The applicant's claim, being based on land and not on personal injury, falls under section 7 of the Act, which prescribes a twelve-year limitation period for land claims and does not provide for extension. The court lacks jurisdiction to grant leave to file suit out of time for such claims. Precedent from the Court of Appeal confirms that extension of time is not available for land or contract claims, and jurisdiction cannot be conferred by consent or...

Citation
[2017] KEHC 6723 (KLR)
Parties
Applicant: Efureith Irima Mugo (Suing in her capacity as a Beneficiary and legal representative of the Estate of Jeremiah Ngirikibati alias Jeremiah Ngiri (Deceased)); Respondent: Paul Mwangi Gitau, Njeru Irungu, Teresia Wanjira Njoka, Pancras Ndegwa Kimaru, Mugo Mutenge Afrodiso, Nathan Muturi Mugo, Patrick Maina Ngare, Leonard Njue Ngari and the Attorney General
Court
High Court
Court Station
High Court at Embu
Jurisdiction
Kenya
Judgment Date
2 March 2017
Case Number
Miscellaneous Civil Application 1 “B” of 2016
Procedural Posture
Miscellaneous Application / Ruling on Ex Parte Application for Leave to File Suit Out of Time
Outcome
application dismissed
Legal Topics
Limitation Periods, Leave to File Out of Time, Fraudulent Land Registration, Jurisdiction of Court
Source Language
English
Civil Procedure Land and Property Limitation Periods Leave to File Out of Time Fraudulent Land Registration Jurisdiction of Court

Case Brief

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Parties

Efureith Irima Mugo (Suing in her capacity as a Beneficiary and legal representative of the Estate of Jeremiah Ngirikibati alias Jeremiah Ngiri (Deceased))

Applicant

Paul Mwangi Gitau, Njeru Irungu, Teresia Wanjira Njoka, Pancras Ndegwa Kimaru, Mugo Mutenge Afrodiso, Nathan Muturi Mugo, Patrick Maina Ngare, Leonard Njue Ngari and the Attorney General

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Ex Parte Application for Leave to File Suit Out of Time

Legal Issues

  1. 1 Whether the court has jurisdiction to grant leave to file suit out of time under sections 27 and 28 of the Limitation of Actions Act for a claim based on land.
  2. 2 Whether the applicant's claim falls within the categories for which extension of time is permitted under the Limitation of Actions Act.

Ratio Decidendi

The court held that sections 27 and 28 of the Limitation of Actions Act only empower the court to extend time for filing suits in limited tortious cases involving negligence, nuisance, or breach of duty resulting in personal injuries. The applicant's claim, being based on land and not on personal injury, falls under section 7 of the Act, which prescribes a twelve-year limitation period for land claims and does not provide for extension. The court lacks jurisdiction to grant leave to file suit out of time for such claims. Precedent from the Court of Appeal confirms that extension of time is not available for land or contract claims, and jurisdiction cannot be conferred by consent or...

Court Disposition

application dismissed

Orders

  • The Originating Summons dated 12th October 2016 is dismissed.
  • No order as to costs.