Rahab Njiriku Ngugi v Lucy Nyaguthii Ndiragu [2017] KEELC 2016 (KLR)
- Court
- Environment & Land Court
- Case number
- 2016
- Citation
- [2017] KEELC 2016 (KLR)
- Decided
- 15 May 2017
Summary at a glance
TypeTrust DisputePostureAppeal from a decision on a preliminary objectionCoramL N WAITHAKA
The preliminary objection is dismissed with costs to the plaintiff.
Facts
The plaintiff, Rahab Njiriku Ngugi, seeks a declaration that the defendant, Lucy Nyaguthii Ndiragu, holds the suit property in trust for her. The defendant denies the allegations and contends that the plaintiff's suit discloses no reasonable cause of action.
Issues
- Whether the succession cause is a bar to the determination of the issues raised in the current suit?
- Whether the current suit is time barred?
Reasoning
The court finds that the succession cause is not a bar to the determination of the issues raised in the current suit and that the plaintiff's claim is not statute barred.
Outcome
Appeal dismissed
Orders
- Preliminary objection dismissed with costs to the plaintiff
Authorities cited
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