Michael Otieno Okongo (Suing as the Legal administrator of the Estate of Odua Gigo, Deceased) v Lameck Odoyo Obola & 4 others [2018] KEELC 12 (KLR)
- Court
- Environment & Land Court
- Case number
- 12
- Citation
- [2018] KEELC 12 (KLR)
- Decided
- 29 May 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPosturePreliminary objection to a suit for declaration and cancellation of land registrationCoramJ.G. Kemei
Holding
The court dismissed the preliminary objections and allowed the suit to proceed.
Facts
The plaintiff, Michael Otieno Okongo, sued the defendants, including the County Land Registrar and the Attorney General, claiming that the land registration in favor of deceased Peter Davidson Otieno was fraudulent and illegal. The defendants denied the claim and raised preliminary objections.
Issues
- Whether the preliminary objection is sustainable
- Who should bear the cost of the preliminary objection
Reasoning
The court found that the defendants lacked capacity to be sued in their representative capacity and that the suit was not statute barred.
Outcome
The suit was allowed to proceed.
Orders
- The preliminary objections were dismissed.
- The suit was allowed to proceed.
Authorities cited
Legislation (4)
- Civil Procedure Rules, 2010
- Limitation of Actions Act, Chapter 21 of Laws of Kenya
- Law of Succession Act, Cap 160
- Public Authorities Act, Cap 39
Cases cited (12)
- Skair Associates Architect v Evangelical Lutharan Church of Kenya and 4 others (2015) eKLR
- Milton Maina Musa Kiuru v Elijah Kigundu Kiuru and 4 others (2016) eKLR
- Order 4 Rule 4 of the Civil Procedure Rules, 2010
- Section 7 of the Limitation of Actions Act, Chapter 21 of Laws of Kenya
- Section 26 of the Limitation of Actions Act, Chapter 21 of Laws of Kenya
- Order 1 Rules 9 and 10 of the Civil Procedure Rules, 2010
- Order 4 Rule 4 of the Civil Procedure Rules, 2010
- Section 79 of the Law of Succession Act, Cap 160
- Section 4(2) of the Limitation of Actions Act, Chapter 21 of Laws of Kenya
- Section 3(1) of the Public Authorities Act, Cap 39
- Igra v Makerere University (1972) EA 65
- Tom Onyango Oketch v Kenyatta National Hospital (2016) eKLR
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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