Geoffrey Mangera Omwoyo v Yobencia Kemunto Kemoni & another [2016] KECA 739 (KLR)
- Court
- Court of Appeal
- Case number
- 739
- Citation
- [2016] KECA 739 (KLR)
The respondents' suit was not statute barred, and the trial court's decision to re-survey the parcels and adjust their measurements was well-founded.
Facts
The deceased subdivided his land into two parcels, Parcel No. 214 and Parcel No. 215, and transferred Parcel No. 215 to the appellant. The appellant later extended the boundaries of his land, causing it to measure 5.13 acres instead of 4.0 acres as stated in the transfer documents.
Issues
- Whether the respondents' suit was statute barred.
- Whether the trial court considered only the evidence adduced by the respondents and disregarded the appellant's evidence.
Reasoning
The court found that the cause of action accrued in 1997, not 1978, and that the trial court considered all evidence. The appellant's extension of his land was discovered in 1997, and the suit was filed in 2001, which was within the statute of limitations.
Outcome
Appeal dismissed with costs to the respondents.
Orders
- Re-survey of the two parcels of land, Nos. 214 and 215, and re-adjustment of their measurements to 15.5 and 4.0 acres respectively.
Authorities cited
Cases cited (1)
- SELLE V ASSOCIATED MOTOR BOAT COMPANY LIMITED [1968] E.A. 123
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