[2024] KEHC 6687 (KLR)
The court found that since more than 20 years had elapsed since the last order in the matter, the suit had become stale by operation of law. As a result, any costs that may have been due are now irrecoverable due to the statute of limitations. Consequently, the court ordered the file closed and archived, as no...
Source-derived case information.
- Citation
- [2024] KEHC 6687 (KLR)
- Parties
- Applicant: Joseph Odongo Onyango; Respondent: Attorney General for and on behalf DO Upper Nyakach Division; Respondent: Maritha Oyugi Okello; Respondent: William Lango Okello; Respondent: Maria Amolo Otiende
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 95 of 2003
- Procedural Posture
- Miscellaneous Civil Application / Ruling on File Closure Due to Statutory Limitation
- Outcome
- suit closed and archived as stale; costs irrecoverable due to limitation period
- Judges
- RE Aburili
- Legal Topics
- Judicial Review, Certiorari, Mandamus, Statute of Limitations, Land Dispute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Odongo Onyango
Applicant
Attorney General for and on behalf DO Upper Nyakach Division
Respondent
Maritha Oyugi Okello
Respondent
William Lango Okello
Respondent
Maria Amolo Otiende
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on File Closure Due to Statutory Limitation
Legal Issues
- 1 Whether the suit is stale and should be closed due to the lapse of over 20 years since the last order.
- 2 Whether costs can be recovered after the expiry of the statutory limitation period.
Ratio Decidendi
The court found that since more than 20 years had elapsed since the last order in the matter, the suit had become stale by operation of law. As a result, any costs that may have been due are now irrecoverable due to the statute of limitations. Consequently, the court ordered the file closed and archived, as no further action could be taken on the matter.
Court Disposition
suit closed and archived as stale; costs irrecoverable due to limitation period
Orders
- The file is hereby closed for archiving.
Full Case Text
Judgment text and source record
27 paragraphs
Onyango v Attorney General for and on behalf DO Upper Nyakach Division & 3 others (Miscellaneous Civil Application 95 of 2003) [2024] KEHC 6687 (KLR) (3 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6687 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application 95 of 2003
RE Aburili, J
June 3, 2024
Between
Joseph Odongo Onyango
Applicant
and
Attorney General for and on behalf DO Upper Nyakach Division
1st Respondent
Maritha Oyugi Okello
2nd Respondent
William Lango Okello
3rd Respondent
Maria Amolo Otiende
4th Respondent
Ruling
1. This matter was filed on 28th April 2003. The Applicant sought for leave of court to apply for Judicial Review orders of Certiorari and Mandamus in a matter involving a dispute over land parcels Nos. 1941, 1942, 1944 Koguta.
2. The application was dismissed with costs on 17th June 2003 by Tanui J for non-attendance to prosecute.
3. The file however remained open.
4. On 13th May 2004, the matter was stood over by the Deputy Registrar on costs to be taxed.
5. Since it is now over 20 years past the last order, this suit is now stale by operation of the law. Those costs cannot be recovered owing to the statute of limitations.
6. The file is hereby closed for archiving.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 3RDDAY OF JUNE, 2024R. E. ABURILIJUDGE