Weyusia v Biketi (Environment & Land Case E005 of 2022) [2022] KEELC 2491 (KLR) (21 July 2022) (Ruling)
- Court
- Environment & Land Court
- Case number
- 2491
- Citation
- [2022] KEELC 2491 (KLR)
- Decided
- 21 July 2022
The plaintiff's suit is both res judicata and statute barred. The Notice of Motion and the plaintiff's suit are hereby struck out. The plaintiff shall meet the costs thereof.
Facts
The plaintiff, Weyusia, claims to have purchased land in 1973 from the deceased Vincent Chengek for Kshs. 2,300. He alleges that the land was fraudulently transferred to the defendant, Biketi, in 1978. The plaintiff has occupied the land since 1973 and buried family members there. The defendant has a judgment against the plaintiff in a previous case.
Issues
- Ownership of the land parcel No North Malakisi/South Wamono/1110
- Cancellation of the current title of the land parcel in the name of the defendant and issuance in the name of the plaintiff
- Compensation for the land parcel at current market rates
- Costs of the suit
Reasoning
The plaintiff's claim is barred by the statute of limitations as he did not discover the fraud until 2021, which is more than 22 years after the fraudulent transfer. The plaintiff's suit is also res judicata as the defendant has a judgment against the plaintiff in a previous case.
Outcome
The plaintiff's suit and the Notice of Motion are dismissed.
Orders
- The plaintiff's suit is both res judicata and statute barred.
- The Notice of Motion dated 16th February 2022 and the plaintiff's suit upon which it is premised are hereby struck out.
- The plaintiff shall meet the costs thereof.
Authorities cited
Legislation (1)
- Limitation of Actions Act
Cases cited (1)
- Section 26(c) of the Limitation of Actions Act
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