Lizzy & 31 others v Damji & another (Environment and Land Case E086 of 2024) [2025] KEELC 8601 (KLR) (10 December 2025) (Ruling)

Lizzy & 31 others v Damji & another (Environment and Land Case E086 of 2024) [2025] KEELC 8601 (KLR) (10 December 2025) (Ruling)

The preliminary objection does not raise a pure point of law as the ownership and tenure of the suit property are disputed and require evidence; therefore, the objection is rejected.

Citation
[2025] KEELC 8601 (KLR)
Parties
Applicant: Kache Lizzy & 31 Others; 1st Respondent: Hasham Abdulla Suleiman Damji; 2nd Respondent: The Board of Directors Jomvu Constituency Development Fund
Court
Environment and Land Court
Jurisdiction
Kenya
Judgment Date
10 December 2025
Case Number
Environment and Land Case E086 of 2024
Procedural Posture
Originating Summons / Ruling on Preliminary Objection
Outcome
preliminary objection rejected
Legal Topics
Adverse Possession, Preliminary Objection, Limitation of Actions, Costs
Source Language
English
Land Law Civil Procedure Adverse Possession Preliminary Objection Limitation of Actions Costs

Case Brief

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Parties

Kache Lizzy & 31 Others

Applicant

Hasham Abdulla Suleiman Damji

1st Respondent

The Board of Directors Jomvu Constituency Development Fund

2nd Respondent

Procedural Posture

Originating Summons / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the suit contravenes section 41(a)(i) of the Limitation of Actions Act
  2. 2 Whether the preliminary objection raises a pure point of law
  3. 3 Who should bear the costs of the preliminary objection

Ratio Decidendi

The preliminary objection does not raise a pure point of law as the ownership and tenure of the suit property are disputed and require evidence; therefore, the objection is rejected.

Court Disposition

preliminary objection rejected

Orders

  • The preliminary objection dated 22nd September 2025 is rejected.
  • The 2nd respondent shall pay the applicants’ costs on the preliminary objection.