Sawe v Waithaka & 3 others (Environment and Land Case E051 of 2024) [2025] KEELC 6777 (KLR) (9 October 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 6777
- Citation
- [2025] KEELC 6777 (KLR)
- Decided
- 9 October 2025
Summary at a glance
The court finds that the claim based on constructive trust is not time barred and the preliminary objection is not merited.
Facts
The plaintiff filed a suit against the 1st Defendant and others, claiming a contract and land purchase based on an agreement dated 27.07.1996. The 1st Defendant raised a Notice of Preliminary Objection challenging the court's jurisdiction.
Issues
- Whether the suit is time barred by the Limitation of Actions Act.
- Whether the claim based on an agreement dated 27.07.1996 is time barred by the Limitation of Actions Act.
Reasoning
The court ruled that the claim based on constructive trust falls under the exception found at section 20[1] [b] of the Limitation of Actions Act and is therefore not time barred.
Outcome
The preliminary objection is not merited and is struck out.
Orders
- The 1st Defendant bears their own costs.
- The plaintiff is not entitled to costs.
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