Nondi (Suing as a Personal Representative to the Estate of Walter Arthur Nondi-Deceased) v Standard Chartered Bank of Kenya Ltd & 3 others (Environment and Land Case Civil Suit 13 of 2013) [2025] KEELC 6458 (KLR) (25 September 2025) (Judgment)
- Court
- Environment & Land Court
- Case number
- 6458
- Citation
- [2025] KEELC 6458 (KLR)
- Decided
- 25 September 2025
The suit is not time-barred, the deceased did not retain any interest in the suit property, the Plainti has not proved his case, and the Plainti bears the costs of this suit.
Facts
The deceased, Walter Arthur Nondi, died on 10th September 2002. He was registered as the leasehold proprietor of the suit property for a term of 40 years from 1st March 1954. The lease expired on 1st March 1994. The deceased did not apply for the extension or renewal of the lease during his lifetime. The suit property was sold by the 1st Defendant to the 4th Defendant in exercise of its statutory power of sale.
Issues
- Is the suit time-barred?
- Did the deceased retain any interest in the suit property?
- Has the Plainti proved his case?
- Who bears the costs of this suit?
Reasoning
The deceased’s lease expired on 1st March 1994, and the suit property reverted to the Government of Kenya. The Plainti’s case is based on a purported transfer of the suit property to the 2nd Defendant on 20th February 2007, which was not a transfer but a new lease granted by the Government of Kenya.
Outcome
The Plainti’s claim is dismissed.
Authorities cited
Legislation (2)
- Limitation of Actions Act, Chapter 22, Laws of Kenya
- Law of Succession, Chapter 160 Laws of Kenya
Cases cited (1)
- Suleiman Murunga v. Nilestar Holdings Limited & Another [2014] eKLR
Loading judgment…