Simon Ndwiga Murage v Embu Water And Sanitation Co. Ltd [2020] KEELC 1614 (KLR)
- Court
- Environment & Land Court
- Case number
- 1614
- Citation
- [2020] KEELC 1614 (KLR)
The court upheld the Respondent’s preliminary objection and found that the Appellant’s suit was statute-barred under Section 4(2) of the Limitation of Actions Act (Cap. 22). Consequently, the Appellant's suit was struck out with costs to the Respondent.
Facts
The Appellant filed a suit against the Respondent alleging that the Respondent's servants or agents dug trenches along the boundary of the suit property for the purpose of installing water pipes, which allegedly destroyed the Appellant's crops and made the property unsuitable for agriculture. The Appellant sought orders directing the Respondent to properly cover up the trenches, costs of land reclamation, mesne profits, and an injunction.
Issues
- Whether the Respondent's plea of limitation constituted a preliminary objection.
- Whether the trial court erred in holding that the Appellant's suit was statute-barred.
Reasoning
The court found that the Respondent's plea of limitation was a proper preliminary objection as it was based on the facts pleaded by the Appellant, and no further facts had to be ascertained.
Outcome
Appeal dismissed with costs to the Respondent.
Orders
- The Appellant's suit was struck out with costs to the Respondent.
Authorities cited
Legislation (2)
- Limitation of Actions Act (Cap. 22)
- Public Authorities Limitation of Actions Act (Cap. 39)
Cases cited (4)
- Mukisa Biscuits Manufacturing Co. Ltd V West End Distributors Ltd [1969] EA 696
- Haron Onyancha V National Police Service Commission & Another [2017] eKLR
- Alfred Mutinda Mutua V C.F.C. Stanbic Bank (K) Ltd [2019] eKLR
- Macmillan Kenya (Publishers) Ltd V Mount Kenya Sundries [2008] eKLR
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