Priscillah Kiptoo Karei Dagome & another (Suing as Legal Representatives of Karei Ole Dagome) v Sports Champion Limited [2021] KEELC 3904 (KLR)

Summary at a glance

Facts

The Plaintiffs discovered fraud in the transfer of the suit land to the Defendant in 2007, and they claim to have been continuously residing on the land since then. The Defendant claims the Plaintiffs have not provided a plausible reason for the delay and that the hearing will prejudice them.

Issues

• Whether the suit is statute barred
• Whether the Plaintiffs have provided a plausible reason for the delay

Reasoning

The court found the suit to be statute barred as it was filed 15 years after the Plaintiffs discovered the fraud, and there was no plausible reason for the delay. The Plaintiffs' claim was based on fraud, which is covered by section 26 of the Limitation of Actions Act, but the Plaintiffs did not provide sufficient evidence to support their claim.

Outcome

Defendant's application granted

Orders

• Application dismissed with costs to the Defendant

Authorities cited