Waweru v Buruburu Farmers Company Limited (Environment and Land Case Civil Suit 64 of 2019) [2023] KEELC 20270 (KLR) (21 September 2023) (Judgment)
- Court
- Environment & Land Court
- Case number
- 20270
- Citation
- [2023] KEELC 20270 (KLR)
- Decided
- 21 September 2023
Summary at a glance
Facts
The plaintiff, David Ngugi Waweru, claims that he entered into a contract for the sale of land parcel number Nairobi Block 102/242 in 2001. He alleges that he paid Kshs. 100,000 and received a Certificate of Lease dated October 24, 2001. However, he discovered a caveat against the title in 2009, and later learned that his claim was based on fraud. The defendant, Buruburu Farmers Company Limited, denies the allegations of fraud and claims that the plaintiff was not a bona fide purchaser without notice.
Issues
- Whether the suit is time-barred.
- Whether the plaintiff is entitled to the remedies they have sought.
Reasoning
The court applies the Limitation of Actions Act, specifically Section 4(1), which states that actions founded on contract should be filed within 6 years. The court also considers Section 26, which extends limitations in cases of fraud. The court concludes that the plaintiff's claim is barred by limitation.
Outcome
The court dismisses the suit.
Authorities cited
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