Francis Muchangi v Lucky Summer Estate Limited & another [2017] KEELC 1908 (KLR)

Facts

The Plaintiff filed a suit in 2007 seeking a declaration that he is the lawful owner of plot no. 84 in Embakasi, now known as L.R. No. Nairobi/Block 113/229, having bought this from the 1st Defendant when he bought shares in that company and was issued with a share certificate. The 1st Defendant contends that the suit is statute barred since a claim for land ought to be filed within 12 years of the date the cause of action arose.

Issues

1. Whether the Plaintiff's claim is statute barred under the Limitation of Actions Act.
2. When the Plaintiff learned of the fraud he alleges in the allocation of the Suit Property.

Reasoning

The court dismissed the preliminary objection as it was not a pure point of law but a factual matter. The court directed the parties to lead evidence on when the Plaintiff learned of the fraud.

Outcome

The case is directed to be heard and determined without further delay.

Authorities cited