Jecinta Warwinu Kariuki v Julius Gicheru Muritu [2016] KEELC 519 (KLR)
- Court
- Environment & Land Court
- Case number
- 519
- Citation
- [2016] KEELC 519 (KLR)
The appeal is dismissed. The trial court's decision to dismiss the appellant's claim as time barred is upheld. The trial court's decision to order the appellant to pay costs is set aside, and each party is ordered to meet their own costs.
Facts
The appellant sued the respondent for fraud in acquiring title to land parcel No. LOC 8/GATUYA/403, claiming the respondent had transferred the land fraudulently after the death of the original owner, Kariuki Gichure, in 1973. The respondent denied the allegations and claimed he bought the land from the appellant's deceased husband for valuable consideration.
Issues
- Whether the appellant's claim was time barred
- Whether the trial court erred in dismissing the appellant's case despite the appellant's evidence
Reasoning
The court found that the appellant's claim was time barred under the Limitation of Actions Act. The court also found that the trial court did not err in dismissing the appellant's case despite the appellant's evidence.
Outcome
Appeal dismissed
Orders
- The appeal is dismissed
- Each party to meet their own costs both in this Court and in the Court below
Authorities cited
Legislation (2)
- Limitation of Actions Act
- Civil Procedure Act
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