Richard Toroitich v Mike K Lelmet & 4 others [2015] KECA 556 (KLR)
- Court
- Court of Appeal
- Case number
- 556
- Citation
- [2015] KECA 556 (KLR)
- Decided
- 24 June 2015
The High Court's ruling upholding the preliminary objection and striking out the appellant's suit and motion is set aside. The appellant's suit and motion are reinstated for hearing and disposal on the merits.
Facts
The appellant claims to have purchased five acres of land from the deceased, William Cheruiyot Lelmet, in 2003 and 2005. The respondents deny the sale and claim the appellant trespassed on the land in 2014.
Issues
- When did the appellant's cause of action arise?
- Whether the preliminary objection based on limitation was properly raised and upheld
Reasoning
The court held that the cause of action arose when the respondents perpetrated the alleged unlawful actions in 2014, not when the appellant entered into the contested sale agreements. The court also found that the respondents' counterclaim was inextricably linked with the appellant's claim.
Outcome
The appellant's suit and motion are reinstated.
Orders
- The appellant's suit and motion are reinstated for hearing and disposal on the merits by the High Court.
- The appellant shall have the costs relating to the hearing of the preliminary objection in the High Court.
Authorities cited
Cases cited (1)
- Mukisa Biscuit Co. Ltd vs. West End Distributors Ltd
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