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The High Court dismissed a redemption suit as time-barred, holding the cause of action arose on full repayment of the loan in 2001. It also rejected the locus standi objection.
The court held that the preliminary objection was not a pure point of law as it was based on a contractual clause and annextures, not on the pleadings alone. Even if it were a legal preliminary objection, parties cannot oust the court's jurisdiction by agreement, and the High Court retains unlimited original jurisdiction under the Constitution and relevant statutes. The Commercial Division's jurisdiction is not exclusive, and the case involves both commercial and tort claims that cannot be easily separated.
Source excerpt
The High Court dismissed a land appeal, holding that the appellant failed to prove ownership and that the respondent lawfully acquired the shamba through redemption and sale.
The High Court dismissed a land dispute appeal, holding that the appellant failed to prove ownership and that the respondent acquired the shamba through a valid transaction.
The appellant lost the right to redeem the land by failing to do so within the twelve-year limitation period prescribed by law. The suit, filed in 1997, was time-barred, and any decisions by clan elders or ward tribunal purporting to grant redemption rights after the limitation period were null and void.
Source excerpt
There was a concluded agreement for sale between the appellant and respondent. The appellant breached the agreement by refusing to sign, preventing completion and approval by the Commissioner for Lands. The agreement was inoperative for transfer of property, but the breach was validly found. Reliefs sought by appellant were denied as he was in breach.
Source excerpt
The appellant was in breach of the sale agreement by refusing to sign the sale documents, thereby preventing the process from reaching the stage where Commissioner for Lands' approval could be sought. The agreement was inoperative without approval, but the appellant's conduct precluded him from seeking reliefs based on his own breach.
Source excerpt
Redemption of the mortgaged shamba by the respondent did not confer ownership as the mortgage deeds lacked the necessary conditions under Haya customary law; possession alone does not confer title; inheritance should be equitably distributed by the clan council among the appellants as the respondent already inherited other plots; limitation period had not expired as adverse possession began only in 1982.
Source excerpt
The High Court upheld an order allowing the appellant to retain the shamba, but required her to compensate the respondent for mortgage redemption and improvements.
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