Meshack Abok Waga v Ernest Ondoro Juma [2019] KEELC 1850 (KLR)
- Court
- Environment & Land Court
- Case number
- 1850
- Citation
- [2019] KEELC 1850 (KLR)
- Decided
- 16 July 2019
The suit is barred by sections 4 and 7 of the Limitation of Actions Act (Cap 22) and is res judicata under section 7 of the Civil Procedure Act (Cap 21). The plaintiff's suit is hereby struck out with costs to the defendant.
Facts
The plaintiff, Meshack Abok Waga, claims to be the registered owner of land parcel No. East Karachuonyo/Kobuya/880, which he alleges was fraudulently transferred to the defendant, Ernest Ondoro Juma. The plaintiff filed a suit seeking a declaration of ownership and cancellation of the defendant's title deed.
Issues
- Whether the suit is statute barred by dint of the provisions of Sections 4,7 and 8 of the Limitation of Actions Act
- Whether the suit is res judicata
Reasoning
The suit is stale under Sections 4 and 7 of the Limitation of Actions Act due to the long period between the right to recover land and the filing of the suit. The suit is also res judicata as the same parties were involved in a previous case (Oyugis PMCC number 147 of 2011).
Outcome
The plaintiff's suit is struck out with costs to the defendant.
Orders
- The plaintiff's suit is struck out with costs to the defendant.
Authorities cited
Legislation (2)
- Limitation of Actions Act, Chapter 22
- Civil Procedure Act, Chapter 21
Cases cited (4)
- Rawal –v- Rawal (1990) KLR
- John Florence Maritime Limited and another –v- Cabinet Secretary for Transport and Infrastructure and 3 others (2015) eKLR
- Black's Law Dictionary 10th Edition
- Halsbury’s Laws of England (4th Edition)
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