Osodo v Akama (Environment and Land Appeal 25 of 2022) [2022] KEELC 13276 (KLR) (6 October 2022) (Judgment)
- Court
- Environment & Land Court
- Case number
- 13276
- Citation
- [2022] KEELC 13276 (KLR)
- Decided
- 6 October 2022
Summary at a glance
TypeLand Dispute AppealPostureAppeal from a judgment of the Principal MagistrateCoramAY KOROSS, Nambuye
The court found that the appellant's suit was not barred by the limitation period of 12 years as he discovered the fraud in 2017 and filed his counterclaim in 2019.
Facts
The appellant and respondent disputed ownership of land parcel Siaya/Nyangoma/2473, which was registered in the respondent's name. The appellant claimed the land was inherited from his father, while the respondent claimed he purchased portions of the land from the appellant's father.
Issues
- Whether the learned trial court erred in law and fact in failing to appreciate the respondent's claim regarding the limitation period of 12 years
- Whether the appellant's suit was statutory barred due to the limitation period
Reasoning
The court addressed the limitation period issue and found that the appellant's counterclaim was not barred by the 12-year limitation period as it was based on fraud.
Outcome
Affirmed
Authorities cited
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