Tolimo & another v Ntoinyo (Environment & Land Case 90 of 2009) [2022] KEELC 13440 (KLR) (5 October 2022) (Ruling)
- Court
- Environment & Land Court
- Case number
- 13440
- Citation
- [2022] KEELC 13440 (KLR)
- Decided
- 5 October 2022
Summary at a glance
TypeLand DisputePostureEx parte application for execution of a 1999 judgmentCoramNYUKURI
The court held that the plaintiff is not entitled to enforce the 1999 judgment for eviction as the time limit for execution under the Limitation of Actions Act has expired.
Facts
In 1999, the court issued a decree directing the defendant to vacate the suit property and deliver vacant possession to the plaintiff. An eviction order was issued in March 2001, but the defendant has not vacated the property.
Issues
- Whether the court has the power to issue orders of execution for a 1999 judgment that is over 12 years old
- Whether the plaintiff is entitled to enforce the 1999 judgment for eviction
Reasoning
The court applied Section 4(4) of the Limitation of Actions Act, which limits the court's power to execute a judgment for recovery of immovable property passed over 12 years before the application for execution is filed. The court cited several cases to support its decision.
Outcome
The application was dismissed.
Orders
- Costs of the application to be provided
Authorities cited
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