Wilson Amuge Lagat v Kiprono Kapteberewo & 4 others [2018] KEELC 4760 (KLR)
- Court
- Environment & Land Court
- Case number
- 4760
- Citation
- [2018] KEELC 4760 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureApplication for review of dismissal of suitCoramJustice Muniyo Sila
Holding
The application for review is dismissed with costs, and the plaintiff's suit remains dismissed.
Facts
The plaintiff, Wilson Amuge Lagat, filed a suit against Kiprono Kapteberewo and four others over a land parcel in Baringo/Perkerra-101/178. The High Court and Court of Appeal had previously ruled in favor of Kapteberewo's father, and the plaintiff claimed the judgments were time-barred and unenforceable.
Issues
- Whether new and important evidence was withheld by the respondents
- Whether there was nondisclosure of the fact that Kapteberewo Koibos had died
Reasoning
The court found no new or important evidence that was not presented during the motion to dismiss the suit. The death of Kapteberewo Koibos was disclosed in the defense and occurred before the application was filed.
Outcome
Application dismissed
Orders
- Application for review dismissed with costs
- Suit remains dismissed
Authorities cited
Legislation (1)
- Limitation of Actions Act, Cap 22, Laws of Kenya
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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