Viginiah Kairigo Runji v Christopher Nthia Gucutha & 17 others [2020] KEELC 2036 (KLR)
- Court
- Environment & Land Court
- Case number
- 2036
- Citation
- [2020] KEELC 2036 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplication for leave to file suit for fraudulent transfer and sale of land out of timeCoramY.M. ANGIMA
Holding
The court finds and holds that the applicant has failed to make out a case for the grant of leave to file suit for recovery of land out of time.
Facts
The applicant, Viginiah Kairigo Runji, claims to have inherited 26 properties from her late husband, Christopher Nthia Gucutha, who is the 1st respondent. The properties were allegedly fraudulently acquired and sold by the 1st respondent to other respondents.
Issues
- Whether the applicant has made out a case for the grant of leave to file suit out of time under Sections 27 and 28 of the Limitation of Actions Act (LAA)
- Whether the applicant's claim is statute-barred within the reckoning of Section 26 of the LAA
Reasoning
The court considers the applicant's claim statute-barred due to the delay in filing the suit and the lack of evidence of fraud by the purchasers.
Outcome
The application for leave to file suit out of time is dismissed with no order as to costs.
Orders
- The application for leave to file suit out of time is dismissed with no order as to costs.
Authorities cited
Legislation (3)
- Limitation of Actions Act (Cap. 22)
- Civil Procedure Act (Cap. 21)
- Civil Procedure Rules 2010
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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