[2010] KEHC 2333 (KLR)

[2010] KEHC 2333 (KLR)

The court held that the applicant's intended suit was for recovery of proceeds of sale of land, which is governed by section 19(1) of the Limitation of Actions Act and subject to a 12-year limitation period from the date the right accrued. The completion date of the agreement was 31st August 1993, so the limitation period expired on 1st September 2005. The court found that sections 27 and 28 of the Limitation of Actions Act, which allow for extension of time, apply only to actions based on tort, not to actions for recovery of sale proceeds. Furthermore, the applicant failed to demonstrate any disability or lack of knowledge of material facts that would justify extension of time....

Citation
[2010] KEHC 2333 (KLR)
Parties
Applicant: Damaris Wamuyu Njane; Respondent: Mary Wairimu
Court
High Court
Court Station
High Court at Nyeri
Jurisdiction
Kenya
Judgment Date
21 May 2010
Case Number
Miscellaneous Application 381 of 2009
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to File Suit Out of Time
Outcome
application dismissed
Judges
JK Sergon
Legal Topics
Limitation of Actions, Leave to File Out of Time, Recovery of Purchase Price, Sale of Land Contracts
Source Language
English
Civil Procedure Land and Property Limitation of Actions Leave to File Out of Time Recovery of Purchase Price Sale of Land Contracts

Case Brief

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Parties

Damaris Wamuyu Njane

Applicant

Mary Wairimu

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant is entitled to leave to file a suit out of time to recover the purchase price paid for land.
  2. 2 Whether the court has jurisdiction under sections 27 and 28 of the Limitation of Actions Act to extend time for an action to recover proceeds of sale of land.
  3. 3 Whether the applicant met the requirements for extension of time under the Limitation of Actions Act.

Ratio Decidendi

The court held that the applicant's intended suit was for recovery of proceeds of sale of land, which is governed by section 19(1) of the Limitation of Actions Act and subject to a 12-year limitation period from the date the right accrued. The completion date of the agreement was 31st August 1993, so the limitation period expired on 1st September 2005. The court found that sections 27 and 28 of the Limitation of Actions Act, which allow for extension of time, apply only to actions based on tort, not to actions for recovery of sale proceeds. Furthermore, the applicant failed to demonstrate any disability or lack of knowledge of material facts that would justify extension of time....

Court Disposition

application dismissed

Orders

  • The originating summons is struck out and dismissed.
  • No order as to costs.