Agnes Mumbanu Kinako v Attorney General & 5 others [2017] KEELC 1925 (KLR)
- Court
- Environment & Land Court
- Case number
- 1925
- Citation
- [2017] KEELC 1925 (KLR)
- Decided
- 22 September 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand SuitPostureApplication to strike out the suitCoramO.A. ANGOTE
Holding
The Plaintiff has the locus standi to institute the suit and the claim for damages is not time-barred.
Facts
The Plaintiff, Agnes Mumbanu Kinako, claims to be the owner of land known as Nzambani/Maluma/838, which was bequeathed to her by her late father, Paul Mutemi Kamwaki. She alleges that the Defendants maliciously damaged the property and fraudulently registered it in their name.
Issues
- Plaintiff's capacity to institute the suit
- Statutory time-barredness of the suit
- Multiple causes of action
Reasoning
The Plaintiff is an administrator of the Estate of the late Mutemi Kamwaki and has the capacity to institute the suit. The claim for damages is not time-barred as the issue of when time started to run can be dealt with at trial.
Outcome
Application dismissed with costs
Orders
- The Plaintiff's claim for a declaration that she is the owner of the suit land and recovery of Kshs. 1,578,168 for damages is not struck out.
Remedies
- Declaration that the Plaintiff is the owner of the suit land and recovery of Kshs. 1,578,168 for damages
Authorities cited
Legislation (1)
- Law of Succession Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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