[2014] KEHC 2874 (KLR)
The court found that the suit was filed twenty-three years after the issuance of the title to the first defendant, far exceeding the statutory limitation period of 12 years for actions to recover land. The plaintiff conceded both the date of title issuance and the lapse of time. Consequently, the court held that the...
Source-derived case information.
- Citation
- [2014] KEHC 2874 (KLR)
- Parties
- Plaintiff: Sudi Hamisi; Defendant: Matano Juma Mbaruku; Defendant: District Land Registrar
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 66 of 2014
- Procedural Posture
- Land and Environment Case / Ruling on Preliminary Objection
- Outcome
- suit dismissed as statute barred
- Judges
- SN Mukunya
- Legal Topics
- Limitation of Actions, Land Title Registration, Preliminary Objection, Statute Barred Claims
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sudi Hamisi
Plaintiff
Matano Juma Mbaruku
Defendant
District Land Registrar
Defendant
Procedural Posture
Land and Environment Case / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the suit is time barred under Section 7 of the Limitation of Actions Act.
- 2 Whether the plaintiff's claim can be sustained after 23 years from the date of title issuance.
Ratio Decidendi
The court found that the suit was filed twenty-three years after the issuance of the title to the first defendant, far exceeding the statutory limitation period of 12 years for actions to recover land. The plaintiff conceded both the date of title issuance and the lapse of time. Consequently, the court held that the suit was statute barred under Section 7 of the Limitation of Actions Act and could not be sustained. The suit was dismissed accordingly.
Court Disposition
suit dismissed as statute barred
Orders
- The suit is dismissed with no orders as to costs.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
ELC. NO. 66 OF 2014
SUDI HAMISI ....................................................................... PLAINTIFF
- V E R S U S -
MATANO JUMA MBARUKU .......................................... 1ST DEFENDANT
DISTRICT LAND REGISTRAR ...................................... 2ND DEFENDANT
RULING
[1] The 1st respondent raised a Preliminary Objection on a point of law. He argued that this suit is time barred as this action has been brought after the expiry of 12 years from the date the action accrued to the plaintiff and that the same therefore contravenes Section 7 of the Limitation of Actions Act Cap. 22 Laws of Kenya.
The plaintiff argues that Land Case No. 548 of 1985 was heard by the adjudication department in Nairobi. The land was ordered to be registered in the name of the applicant.
An Appeal No. 460 of 1988 was filed but the same was compromised through a consent judgment. That the reliefs sought herein are the same relief sought then. That pursuant to the aforesaid title was issued to the first defendant on 15th October, 1981. The present suit was filed on 25th March, 2014. Mr. Waithera advocate for the plaintiff conceded that there was the said determination by the Adjudication Committee. He is also conceded that the case was filed twenty three (23 years) after the applicant was issued with his title.
[3] I have no doubt in my mind that this suit was filed out of time. The same is statute barred. The said suit is dismissed with no orders as to costs.
Dated and delivered in open court at Mombasa this 18th day of
September, 2014.
S. MUKUNYA
JUDGE
18. 9.2014
In the presence of:
Mr. Waithera advocate for the plaintiff'
Mr. Asige advocate for Lamenya advocate.