Kioko Muthoka v Kalembwani & Ngaamba Farmers Company Limited [2017] KEELC 3329 (KLR)
- Court
- Environment & Land Court
- Case number
- 3329
- Citation
- [2017] KEELC 3329 (KLR)
- Decided
- 17 March 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLimitation of ActionsPostureDefendant filed a Notice of Preliminary Objection claiming the suit is time barred.CoramOscar A. Angote
Holding
The court dismissed the Defendant's Notice of Preliminary Objection and allowed the Plaintiff's claim.
Facts
The Plaintiff became aware of the fraudulent transfer of his land to Shadrack Mailu Makundi in 2005, and the cause for action allegedly arose in 1978.
Issues
- Whether the Plaintiff's claim against the Defendant is time barred under Section 7 of the Limitation of Actions Act.
- Whether the court has jurisdiction to entertain the current suit.
Reasoning
The court found that the Plaintiff's claim is not time barred as it arose in 2005, which is within the 12-year limitation period.
Outcome
The Plaintiff's claim was allowed.
Orders
- The Defendant's Notice of Preliminary Objection was dismissed.
Authorities cited
Legislation (1)
- Limitation of Actions 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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