Paul Nyangaresi Mokua (Suing as a legal representative and administrator of the estate of Mokuol Olisanda) v Jones Mokaya [2019] KEELC 1360 (KLR)

Facts

The Plaintiff, Paul Nyangaresi Mokua, claims that the Defendant, Jones Mokaya, fraudulently registered as the proprietor of land parcel Central Kitutu/Daraja Mbili/1791. The Plaintiff alleges that the land was transferred from his deceased father to the Defendant in 2002 for a paltry sum.

Issues

1. Whether the plaintiff’s claim is barred by the provisions of the Limitation of Actions Act
2. Whether the sale, transfer and registration of the suit land in favour of the defendant was fraudulent
3. Whether the plaintiff and by extension the estate of Mokuol Olisanda, have any legitimate rights and or interests over the suit land
4. Whether the plaintiff is entitled to the orders sought
5. Who should bear the costs of the instant proceedings?

Reasoning

The court found that the Plaintiff's claim was barred by the Limitation of Actions Act, as the cause of action arose more than six years after the alleged fraudulent sale. The court also found that the sale and transfer of the land were not fraudulent.

Outcome

The Plaintiff's claim was dismissed.

Authorities cited