Japheth Kibiwott Ruto (Suing as legal personal representative of the Estate of Kibiwott Arap Mwolomet (Deceased) v Virginia Njeri Maina & another [2021] KEELC 2197 (KLR)
- Court
- Environment & Land Court
- Case number
- 2197
- Citation
- [2021] KEELC 2197 (KLR)
- Decided
- 5 August 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand SuitPostureApplication to strike out the plaintiff's amended plaint and to strike out the suitCorampresiding judge
Holding
The suit is statute barred and should be struck out.
Facts
The plaintiff claims that his deceased relative owned 27.4 acres of land in Chepkoiywo Farm, which was confirmed in a previous suit. The defendants claim they were not parties to the previous suit and that the decree is time-barred.
Issues
- Whether the suit is statute barred and an abuse of the process of the court
- Whether the suit should be struck out
Reasoning
The decree is time-barred under Section 4(4) of the Limitation of Actions Act, Cap 22, as it was issued over 12 years ago. The defendants were not parties to the previous suit, and the decree cannot be enforced against them.
Outcome
The suit is struck out.
Orders
- The plaintiff's amended plaint is struck out.
- The suit is struck out.
Authorities cited
Legislation (1)
- Limitation of Actions Act, Cap 22
Cases cited (2)
- M'Ikiara M'Rinkanya & Another V Gilbert Kabeere M'Mbijiwe (2007) eKLR
- Kitale ELC Appeal No. 9 OF 2018 - Isaac Olang Solongo Vs Gladys Nanjekho Makokha (2021) 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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