[2023] KEELC 16502 (KLR)
The court found that the agreement between the parties was entered into on November 3, 2011, but the purchase price was paid on various dates until 2003. Therefore, the cause of action did not accrue until the last payment was made. As such, the suit was filed within the limitation period prescribed by the...
Source-derived case information.
- Citation
- [2023] KEELC 16502 (KLR)
- Parties
- Plaintiff: Kalenjin Auto Hardware Limited; Defendant: John K Songok; Defendant: Clementina Chebet Songok; Defendant: Sosiani Builders Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 777 of 2012
- Procedural Posture
- Preliminary Objection / Ruling on Preliminary Objection
- Outcome
- preliminary objection dismissed
- Judges
- EO Obaga
- Legal Topics
- Limitation of Actions, Preliminary Objection, Sale of Land, Statute Barred Claims
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Kalenjin Auto Hardware Limited
Plaintiff
John K Songok
Defendant
Clementina Chebet Songok
Defendant
Sosiani Builders Limited
Defendant
Procedural Posture
Preliminary Objection / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the suit is statute barred under the Limitation of Actions Act.
- 2 Whether the preliminary objection raised by the 1st Defendant has merit.
Ratio Decidendi
The court found that the agreement between the parties was entered into on November 3, 2011, but the purchase price was paid on various dates until 2003. Therefore, the cause of action did not accrue until the last payment was made. As such, the suit was filed within the limitation period prescribed by the Limitation of Actions Act. The preliminary objection raised by the 1st Defendant was without merit and was accordingly dismissed with costs to the Plaintiff.
Court Disposition
preliminary objection dismissed
Orders
- The preliminary objection is dismissed with costs to the Plaintiff.
Full Case Text
Judgment text and source record
23 paragraphs
Kalenjin Auto Hardware Limited v Songok & 2 others (Environment & Land Case 777 of 2012) [2023] KEELC 16502 (KLR) (23 March 2023) (Ruling)
Neutral citation: [2023] KEELC 16502 (KLR)
Republic of Kenya
In the Environment and Land Court at Eldoret
Environment & Land Case 777 of 2012
EO Obaga, J
March 23, 2023
Between
Kalenjin Auto Hardware Limited
Plaintiff
and
John K Songok
1st Defendant
Clementina Chebet Songok
2nd Defendant
Sosiani Builders Limited
3rd Defendant
Ruling
1. This is a ruling in respect of a notice of a preliminary objection brought by the 1st Defendant on grounds that this suit is statute barred.
2. The parties were directed to file written submissions in respect of the preliminary objection. The 1st Defendant filed submissions on November 14, 2022. The Plaintiff filed submissions on November 17, 2022.
3. I have considered the submissions by the parties. The agreement between the parties herein was entered into on November 3, 2011. According to the pleadings, the purchase price was paid on various dates until 2003. This being the case, the suit is therefore not statute barred. I proceed to dismiss the preliminary objection with costs to the Plaintiff.
It is so ordered.
DATED, SIGNED AND DELIVERED AT ELDORET ON THIS 23RD DAY OF MARCH, 2023. E. O. OBAGAJUDGEIn the virtual presence of;Ms. Odwa for Plaintiff.Court Assistant –LabanE. O. OBAGAJUDGE23RD MARCH, 2023