SHABBIR HUSSEIN HEBATULLAH & ANOTHER vs CASTOR & LINSEED LIMITED & ANOTHER [2002] KEHC 665 (KLR)
- Court
- High Court of Kenya
- Case number
- 665
- Citation
- [2002] KEHC 665 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from the original trial outcomeCoramE.M. Githinji
Holding
The court dismisses the suit with costs to the defendants
Facts
Plaintiffs sought specific performance of agreements of sale dated 23-10-87 for sale of LR17/195 and LR No. 17/197, and orders for registration and payment of mortgage. Defendants argued that the claims were time-barred and that the properties had been transferred to other parties.
Issues
- Whether the plaintiffs' claims are time-barred under the Limitation of Actions Act
- Whether the remedy of specific performance can be granted given the transfer of properties
Reasoning
The plaintiffs' claims are time-barred as they were filed more than 9 years after the cause of action arose. The remedy of specific performance cannot be granted as the properties have been transferred to other parties who are not parties to the suit.
Outcome
Dismissal of the suit
Authorities cited
Legislation (1)
- Limitation of Actions Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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