Diana Katumbi Kiio v Reuben Musyoki Muli [2018] KECA 860 (KLR)
- Court
- Court of Appeal
- Case number
- 860
- Citation
- [2018] KECA 860 (KLR)
- Decided
- 19 January 2018
The appellant had acquired a clear interest in plot 332 upon which a claim of 'recovery of land' could be based in terms of Section 7 of LAA. The claim was not time barred.
Facts
The appellant and respondent signed an agreement for the sale of plot 332 in Machakos Town Block 11/332 for KShs. 450,000. The respondent gave possession and consent to the transfer, but the registration was rejected due to the expired lease. The respondent later extended the lease, but refused to hand over the new certificate of lease.
Issues
- Whether an agreement for sale of land gives rise to a cause of action for recovery of the land or a cause of action in contract.
- Whether the time limitation for filing suit under the Limitation of Actions Act was complied with.
Reasoning
The court held that the appellant's possession and payment of purchase price created an equitable interest in the land, which is protected by law. The claim was within the limitation period.
Outcome
The appeal is allowed, the order of the Environment and Land Court is set aside, and the main suit and notice of motion are reinstated.
Orders
- The order of the Environment and Land Court is set aside.
- The main suit and notice of motion are reinstated.
- The appellant shall have the costs of this appeal.
Remedies
- Reinstatement of the main suit and notice of motion.
- The appellant's costs of the appeal.
Authorities cited
Cases cited (1)
- Mwangi & Another vs Mwangi, (1986) KLR 328
Loading judgment…