Ndagara w/o Kaumbuthu Substituted by Peter Murithi Nyaga & another v Mbogo Katharangushu (Deceased substituted by Nyaga s/o Mbogo (Dec) & 5 others [2017] KEELC 2136 (KLR)
- Court
- Environment & Land Court
- Case number
- 2136
- Citation
- [2017] KEELC 2136 (KLR)
- Decided
- 27 July 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeReview of DecreePostureApplication for review of decree grantedCoramY. M. ANGIMA
Holding
The court finds merit in the application for review on account of an error of law apparent on the face of the record and grants the application for review.
Facts
The original applicants in the originating summons were granted a decree in 1987, but the decree was not appealed. The decree holder claimed the judgement was set aside and the file was transferred to Embu Law Courts.
Issues
- Whether the decree was extracted fraudulently
- Whether the decree was statute-barred under section 4 (4) of the Limitation of Actions Act (Cap 22)
Reasoning
The court holds that the decree was extracted more than 12 years after the judgement was delivered, which is barred under section 4 (4) of the Limitation of Actions Act. The court does not consider the other issues.
Outcome
Application for review granted
Orders
- The application for review is granted in terms of prayer No. 1 thereof. There shall be no order as to costs.
Remedies
- Granting of review of decree
Authorities cited
Legislation (1)
- Limitation of Actions Act (Cap 22)
Cases cited (1)
- Njuguna Vs Njau [1981] 2KLR 93
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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