Uchumi Services Limited v Chengo Katana Koi & 4 others [2014] KEELC 215 (KLR)
- Court
- Environment & Land Court
- Case number
- 215
- Citation
- [2014] KEELC 215 (KLR)
The Defendants' Defence and Counter-claim are invalid and should be expunged from the record. The Defendants' claim is not time barred and they have the locus standi to file a counter-claim.
Facts
The Plaintiff, Uchumi Services Limited, filed an application seeking to strike out the Defendants' Defence and Counter-claim. The Defendants had filed a Defence and Counter-claim in 2008, claiming possession of the suit property. The Plaintiff alleged that the Defendants' claim was time barred and that the Defendants had no title to the land.
Issues
- Whether the Defendants' claim is time barred
- Whether the Defendants have the locus standi to file a counter-claim
Reasoning
The Defendants discovered the Plaintiff's title in 1983 and continued to live on the land for over 40 years. The Defendants' claim for Trust land is not time barred and they have the right to defend themselves.
Outcome
The Plaintiff's Application is dismissed. The Defendants' Defence and Counter-claim are expunged from the record.
Orders
- The Defendants' Defence and Counter-claim are expunged from the record
Authorities cited
Legislation (1)
- Limitation of Action Act
Cases cited (1)
- Muyodi Vs Industrial & Commercial Development Corporation & Another (2006) 1EA 243
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