[2017] KEELC 2758 (KLR)
The court found that the applicants had provided sufficient grounds for the delay in filing the suit, specifically citing the alleged fraud and trickery by the respondent, which prevented timely filing. The court held that the substantive issues regarding the dispute over land ownership and alleged fraud could only...
Source-derived case information.
- Citation
- [2017] KEELC 2758 (KLR)
- Parties
- Applicant: Evangeline Kajuju Marete; Applicant: Simon Mugambi Marete; Respondent: Fredrick Muthamia M'Ibere
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Originating Summons 52 of 2016
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to File Suit Out of Time
- Outcome
- application allowed with conditions
- Judges
- LN Mbugua
- Legal Topics
- Limitation of Actions, Leave to File Out of Time, Land Ownership Disputes, Fraud in Land Transactions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Evangeline Kajuju Marete
Applicant
Simon Mugambi Marete
Applicant
Fredrick Muthamia M'Ibere
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to File Suit Out of Time
Legal Issues
- 1 Whether the applicants should be granted leave to file a suit out of time regarding land parcels ABOGETA/KIUNGONE/1727 and 1728.
- 2 Whether the delay in filing the suit was occasioned by the respondent's alleged fraud and trickery.
Ratio Decidendi
The court found that the applicants had provided sufficient grounds for the delay in filing the suit, specifically citing the alleged fraud and trickery by the respondent, which prevented timely filing. The court held that the substantive issues regarding the dispute over land ownership and alleged fraud could only be properly resolved through a full hearing. Therefore, it was necessary and just to grant the applicants leave to file their suit out of time, subject to the condition that the suit be filed within 14 days from the date of the ruling.
Court Disposition
application allowed with conditions
Orders
- Leave is granted to the applicants to file suit out of time regarding land parcels ABOGETA/KIUNGONE/1727 and 1728, provided the suit is filed within 14 days from the date of this ruling.
- No orders as to costs.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ORIGINATING SUMMONS NO 52 OF 2016 (OS)
IN THE MATTER OF LIMITATION OF ACTIONS ACT BY EVANGELINE KAJUJU MARETE AND SIMON MUGAMBI MARETE FOR LEAVE TO FILE SUIT OUT OF TIME
EVANGELINE KAJUJU MARETE …............................................1ST APPLICANT
SIMON MUGAMBI MARETE...........................................................2ND APPLCANT
VERSUS
FREDRICK MUTHAMIA M'IBERE …..............................................RESPONDENT
R U L I N G
1. Vide the originating summons filed in Court on 20. 05. 16, applicant for leave of Court to file suit out of time against Fredrick Muthamia Ibere Applicant is seeking equitable share of the land parcel No. ABOGETA/KIUNGONE/1727 and 1728.
2. In support of the application, applicant has averred that she discovered the anomaly in November 2000 after visiting the land Registry and she tried to have the matter solved amicably in vain. He further states that the intended Defendant not only committed fraud but that he gave applicant an unequitable share. They further state that the period of filing the suit (12) years has lapsed due to the trickery of the intended defendant.
3. I find that in order to resolve the substantive issues appertaining to the dispute , it is necessary to have the matter heard in Court.
4. In the Circumstances I allow the application on condition that the suit is filed within 14 days from the date of delivery of this ruling. No orders as to costs.
DELIVERED IN OPEN COURT AT MERU THIS 10TH DAY OF MAY, 2017 IN THE PRESENCE OF:-
CA: Janet
Muthamia h/b for Ondari for Applicant
HON. L.N. MBUGUA
JUDGE