Two Thirds Investiment Limited & 10 others v Katana Said Kalama & 3 others [2018] KEELC 4511 (KLR)
- Court
- Environment & Land Court
- Case number
- 4511
- Citation
- [2018] KEELC 4511 (KLR)
Summary at a glance
TypeLand DisputePosturePreliminary Objection to SuitCoramA. OMOLLO
The court finds the defendants' preliminary objection unmerited and dismisses it with costs to the plaintiffs.
Facts
The plaintiffs, Two Thirds Investment Limited and 10 others, filed a suit against the defendants, Katana Said Kalama and 3 others, regarding the ownership of land CR No 122/MN/II/390. The defendants raised a preliminary objection claiming the suit is time-barred.
Issues
- When did the plaintiffs' cause of action accrue?
- When did the defendants gain possession of the land?
Reasoning
The court ruled that the plaintiffs' cause of action accrued when they wanted to enforce their rights against the defendants, and that the defendants' possession of the land was not established by facts/evidence.
Outcome
The defendants' preliminary objection is dismissed.
Orders
- The defendants' preliminary objection is dismissed with costs to the plaintiffs.
Authorities cited
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