Wokabi & another (As Administrators of the estate of Soromeeti Kapore - Deceased) v Wangora (Environment & Land Case E024 of 2022) [2023] KEELC 19972 (KLR) (21 September 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 19972
- Citation
- [2023] KEELC 19972 (KLR)
- Decided
- 21 September 2023
Summary at a glance
Facts
The Plaintiffs, as administrators of the estate of Soromeeti Kapore, filed a suit against the Defendant, Jacob Mwanto Wangora, seeking a declaration that the transfer of the suit property (LR No Ngong/ngong/1768) from the deceased to the Defendant was fraudulent, irregular, unlawful, null and void. The Defendant denied the allegations and filed a preliminary objection based on the limitation period.
Issues
- Whether the suit is time barred under the Limitation of Actions Act
- When the Plaintiffs discovered the alleged fraud
Reasoning
The court found that the Plaintiffs did not plead when they discovered the alleged fraud and that the Plaintiffs could not have discovered the fraud within reasonable diligence for more than forty-five (45) years. The court agreed with the Defendant's submission that the Plaintiffs' claim is statute barred.
Outcome
The suit is struck out with costs to the Defendant.
Orders
- The suit is struck out for being time barred
Authorities cited
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