Purity Nkatha Japhet v William Muchui Aldo [2017] KEELC 544 (KLR)
- Court
- Environment & Land Court
- Case number
- 544
- Citation
- [2017] KEELC 544 (KLR)
- Decided
- 13 November 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePosturePreliminary Objection to SuitCoramHon. L. N. MBUGUA
Holding
The suit is struck out as it is statutory time barred.
Facts
The Plaintiff claims ownership of a plot of land known as PLOT No. 13 'A' NCHIRU MARKET, which is registered in the name of deceased ALDO MBAYA. The Plaintiff alleges a contract of sale in January 2009.
Issues
- Ownership of the land
- Statute of limitations
Reasoning
The Plaintiff's claim is contract-based and filed outside the six-year limitation period under Section 4 of the Limitation of Actions Act. The land is registered in the name of a deceased person, and the Plaintiff has not established that the land belongs to the deceased.
Outcome
The suit is struck out.
Orders
- The suit is struck out as it is statutory time barred.
Remedies
- Plaintiff is condemned to pay costs of the suit.
Authorities cited
Legislation (1)
- Limitation of Actions Act, Cap 22 Laws of Kenya
Cases cited (1)
- Mukisa Biscuit manufacturing Co. Ltd Vs West End Distributors Ltd (1969) E.A 696
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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