Onyoni v Siro (Donor) Sued Through Janet Siro (Donee) (Civil Appeal 154 of 2018) [2023] KECA 1495 (KLR) (8 December 2023) (Judgment)
- Court
- Court of Appeal
- Case number
- 1495
- Citation
- [2023] KECA 1495 (KLR)
- Decided
- 8 December 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment and order of Kisii Environment and Land CourtCoramJM NGUGI, Mutungi, Potter
Holding
The appeal is dismissed with costs to the respondent.
Facts
The appellant claimed to be the registered owner of land parcel No Nyaribari Chache/B/B/Boburia/2632, measuring 0.7 hectares, against the respondent, who claimed ownership based on previous proceedings.
Issues
- Whether the suit was barred by the Limitations of Actions Act
- Whether the suit was res judicata
Reasoning
The court found the suit was filed out of time and thus barred by the Limitations of Actions Act, and the respondent's preliminary objection was upheld.
Outcome
Appeal dismissed
Orders
- The appeal is dismissed with costs to the respondent
Authorities cited
Legislation (2)
- Limitations of Actions Act
- Civil Procedure Act
Cases cited (2)
- Anaclet Kalia Musau v Attorney General & 2 others [2020] eKLR
- Iga v Makerere University (1972) E.A 62
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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