Joseph Kibaara M'Icuga v M'Chabari Kinoro [2020] KEELC 2891 (KLR)
- Court
- Environment & Land Court
- Case number
- 2891
- Citation
- [2020] KEELC 2891 (KLR)
- Decided
- 5 May 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLimitation of ActionsPostureRespondent filed a Notice of Preliminary ObjectionCoramP. M. NJOROGE
Holding
The Notice of Preliminary Objection is dismissed.
Facts
The applicant filed a suit for adverse possession on April 30, 2019, claiming possession of the property since November 28, 2014. The respondent argued the suit was premature and frivolous.
Issues
- Whether the applicant has achieved the threshold for the period of occupation for adverse possession.
- Whether the suit is scandalous, frivolous, and abuse of the court process.
Reasoning
The court dismissed the preliminary objection as it raised a point of law and not a matter of fact or judicial discretion. The court ordered the parties to comply with Order 11 of the Civil Procedure Rules and set the main suit for hearing on October 14, 2020.
Outcome
The suit will proceed to hearing.
Orders
- The Applicant is to fully comply with Order 11 of the Civil Procedure Rules within 30 days of today.
- The respondent is to fully comply with Order 11 of the Civil Procedure Rules within 30 days after receipt of the applicant’s compliance documents.
- The main suit will be heard on 14th October, 2020.
Authorities cited
Legislation (2)
- Limitation of Actions Act Cap 22 of the Laws of Kenya
- Civil Procedure Act
Cases cited (3)
- Mukisa Biscuits Manufacturing Co. Ltd v. West End Distributors (1969) EA 696
- Hassan Ali Joho & Another v. Suleiman Said Shahbal & 2 Others, Petition No. 10 of 2013, [2014] eKLR
- Aviation & Allied Workers Union Kenya v. Kenya Airways Ltd & 3 Others, Application No. 50 of 2014, [2015] eKLR
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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