Joseph Odhiambo v Nyakundi Omari [2016] KEELC 368 (KLR)

Facts

The appellant sought to stay the execution of eviction orders granted by the Deputy Registrar on 10th January 2014, arguing that the judgment sought to be executed was over 12 years old and thus beyond the limitation period. The Deputy Registrar held that the process of execution had begun before the expiry of the 12-year period and that eviction orders had been issued in 2008.

Issues

1. Whether the judgment sought to be executed was over 12 years old and thus beyond the limitation period.
2. Whether the decree dated 21st March 1996 was specific enough to be executed.
3. Whether the Deputy Registrar was wrong in holding that the decree was not in violation of the Limitations of Actions Act, Cap 22 Laws of Kenya.

Reasoning

The court found no basis to interfere with the Deputy Registrar's decision as the judgment was implemented and the respondent was issued with a title to the land on 18th March 2000. The process of executing the decree commenced when the respondent registered as the owner of the parcel of land.

Outcome

Appeal dismissed

Authorities cited