General H. W. Njoroge v William Njoroge Mbote [2016] KEELC 1280 (KLR)

Facts

The Plaintiff filed a suit on 27th January 2015 seeking orders of specific performance arising out of a Sale Agreement with the Defendant dated 20th December 2003 for the purchase of 0.5 acre of property. The Plaintiff claims to have paid a deposit of Kshs 220,000/=.

Issues

1. Plaintiff lacks locus standi due to time-barred claim under Limitation of Actions Act
2. Claim is void due to lack of Land Control Board consent under Land Control Act
3. Defendant lacks locus standi due to expired Sale Agreement

Reasoning

The court found that the issues raised by the Defendant are not proper preliminary objections and require factual evidence to determine, thus dismissing the Preliminary Objection.

Outcome

Defendant's Preliminary Objection dismissed.

Authorities cited