[2004] KEHC 2182 (KLR)
The court held that since twelve years had lapsed from the date the judgment was delivered, Section 4(4) of the Limitation of Actions Act barred any further action upon the judgment. The application was therefore struck out as it was brought outside the statutory limitation period. The court found no necessity to...
Source-derived case information.
- Citation
- [2004] KEHC 2182 (KLR)
- Parties
- Plaintiff: Mwangi s/o Kirungu; Defendant: Solomon Njuguna T. Mbuthia; Defendant: Consolata Wanjiku Solomon
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1549 of 1989
- Procedural Posture
- Civil Case / Ruling on Preliminary Objection
- Outcome
- application struck out as statute-barred
- Legal Topics
- Limitation of Actions, Enforcement of Judgments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mwangi s/o Kirungu
Plaintiff
Solomon Njuguna T. Mbuthia
Defendant
Consolata Wanjiku Solomon
Defendant
Procedural Posture
Civil Case / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the application is barred by limitation under Section 4(4) of the Limitation of Actions Act, Cap. 22.
- 2 Whether any action can be brought upon a judgment after twelve years from the date of delivery.
Ratio Decidendi
The court held that since twelve years had lapsed from the date the judgment was delivered, Section 4(4) of the Limitation of Actions Act barred any further action upon the judgment. The application was therefore struck out as it was brought outside the statutory limitation period. The court found no necessity to consider any further objections, as the matter was conclusively determined by the limitation issue.
Court Disposition
application struck out as statute-barred
Orders
- The application dated 10th February 2003 is struck out with costs.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBICIVIL CASE NO. 1549 OF 1989
MWANGI S/O KIRUNGU………… ……………………………PLAINTIFF VERSUS
SOLOMON NJUGUNA T. MBUTHIA.…………………1ST DEFENDANT
CONSOLATA WANJIKU SOLOMON………………….2ND DEFENDANT
R U L I N G
1. I shall allow the Preliminary Objection by Mr. Wanjie for the Plaintiff/Respondent for this reason: - Section 4(4) of the Limitation of Actions Act, Cap. 22 provides in part as follows: -
“An action may not be brought upon a judgment after the end of twelve years from the date on which the judgment was delivered ….”
2. The record in this matter indicates that judgment was passed by Akiwumi, J. (as he then was) on 7th June 1989. Mr. Nabutete may well have sound arguments regarding the judgment but the fact is that it is properly on record and twelve (12) years lapsed on 7th June 2002. No action however sound can be brought after that period.
3. Having ruled on that issue there is no necessity to go to the second limb of his objection, as there is no action before the court.
4. Accordingly, the Application dated 10th February 2003 is hereby struck out with costs. Orders accordingly.
Dated and delivered at Nairobi this 17th day of February 2004. I. LENAOLA Ag. JUDGE 17. 2.2004 Before Lenaola Ag. J. Amos CC Ruling read in the presence of Mr. Nabutete for the Defendant No appearance for the Plaintiff
I. LENAOLA Ag. JUDGE