Kipngochoch Farm Co Limited v Obadiah K Kipkorir & 5 others [2020] KEELC 2964 (KLR)
- Court
- Environment & Land Court
- Case number
- 2964
- Citation
- [2020] KEELC 2964 (KLR)
- Decided
- 30 April 2020
The court dismisses the defendants' preliminary objection based on the statute of limitations, finding that the plaintiff's claims are not barred by the Limitations of Actions Act.
Facts
The plaintiff, Kipngochoch Farm Co. Ltd., claims ownership of land parcels Solai/Ndungiri Block 1/223 and 1/235, which it alleges were illegally occupied by the defendants. The defendants deny the allegations and claim they purchased the land from the plaintiff.
Issues
- Ownership of land parcels Solai/Ndungiri Block 1/223 and 1/235
- Statute of limitations for the plaintiff's claims
Reasoning
The court determines that the plaintiff's claims are not statute barred because the period of limitation began to run from 2006 when the new board of directors took office, and the plaintiff was within the period of limitation when the suit was filed in 2012.
Outcome
The defendants' preliminary objection is dismissed.
Authorities cited
Legislation (1)
- Limitations of Actions Act, Cap 22 Laws of Kenya
Cases cited (1)
- Justus Tureti Obara –Vs- Peter Koipeitai Nengisoi ( 2014) eKLR
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