Michael Mwanzia Kitavi v Lukenya Universit Trust Registered Trustees & 3 others [2017] KEELC 273 (KLR)
- Court
- Environment & Land Court
- Case number
- 273
- Citation
- [2017] KEELC 273 (KLR)
- Decided
- 6 December 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand SuitPostureNotice of Preliminary ObjectionCoramMajanja, Munyao
Holding
The notice of preliminary objection has merits and the entire suit is struck out as fatally defective.
Facts
The plaintiff, Michael Mwanzia Kitavi, filed a suit against the defendants, including the Kenya University Trust Registered Trustees, the Attorney General, the Cabinet Secretary Ministry of Land, Housing and Urban Development, and the National Land Commission, alleging adverse possession over a parcel of land.
Issues
- Whether the suit is fatally defective due to non-compliance with constitutional and statutory requirements.
- Whether the mandatory provisions of the Government Proceedings Act and Limitation of Actions Act are violated.
Reasoning
The court found that the plaintiff failed to comply with constitutional and statutory requirements, including the mandatory provisions of the Government Proceedings Act and Limitation of Actions Act, and that the suit is fatally defective.
Outcome
The suit is struck out.
Orders
- The notice of preliminary objection is upheld.
- The entire suit is struck out as fatally defective.
Authorities cited
Legislation (4)
- Limitation of Actions Act (Cap. 2 Laws of Kenya)
- Government Proceedings Act (Cap. 40 Laws of Kenya)
- Land Registration Act (2012)
- Agriculture Act (Cap. 138 - Now repealed as at 17/1/2014 by the Agriculture and Food Authority Act No. 13 of 2013)
Cases cited (4)
- Samuel Kipngeno Koech Vs Agnes Wambui Gitonga in Kerich ELC No.05 of 2015 (OS)
- Joseph Nyamamba & 4 other Vs Kenya Railway corporation [2015]eKLR
- Miriam Njeru Njau Vs Attorney General [2016] eKLR
- Joseph Nyamamba & 4 others Vs Kenya Railways Corporation
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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