Onyango (Suing as personal representative of Roman Onyango Onyuma) v Onyango & 3 others (Environment & Land Case 12 of 2018) [2023] KEELC 18933 (KLR) (20 July 2023) (Judgment)
- Court
- Environment & Land Court
- Case number
- 18933
- Citation
- [2023] KEELC 18933 (KLR)
- Decided
- 20 July 2023
Summary at a glance
TypeLand DisputePostureAppeal from the original trialCoramBOAZ N. OLAO
The suit is dismissed for being statute barred. The plaintiff is ordered to meet the costs of the 2nd, 3rd, and 4th defendants.
Facts
The deceased, Roman Onyango Anyuma, owned land parcel No Marachi/Elukongo/2475. His son, Abraham Odhiambo Onyango, is the plaintiff. The 1st Defendant, Joseph Ochiel Onyango, allegedly sub-divided the land without proper succession process.
Issues
- Statute of limitations
- Fraud allegations
Reasoning
The plaintiff's case is statute barred as he did not discover the fraud until October 21, 2001. The 1st Defendant is found to be a fraudster and is ordered to pay the costs of the 2nd, 3rd, and 4th defendants.
Outcome
Appeal dismissed
Orders
- The Plainti’s suit is dismissed for being statute barred.
- The Plainti to meet the costs of the 2nd, 3rd and 4th Defendants.
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