PETER OPUDO NYAKUNDI & ANOTHER V CHAIRMAN OF SCHOOL COMMITTEE OF ACHOL SCHOOL [2008] KEHC 2968 (KLR)
- Court
- High Court of Kenya
- Case number
- 2968
- Citation
- [2008] KEHC 2968 (KLR)
- Decided
- 14 April 2008
The plaintiffs' claim is time barred under Section 7 of the Limitation of Actions Act, and the defendant is not liable for encroachment.
Facts
The plaintiffs claim that the defendant unlawfully extended the school boundary into land parcel No.902, annexing it to the school. The plaintiffs made an application to the District Land Registrar to solve the boundary dispute in 2000, but the claim was time barred due to the existing boundaries being accepted as correct for more than twelve years.
Issues
- Whether the plaintiffs' claim is time barred under the Limitation of Actions Act
- Whether the defendant encroached into the plaintiffs' land
Reasoning
The court dismissed the plaintiffs' suit as their claim was time barred due to the defendant's occupation of the plaintiffs' land since 1980, and the plaintiffs failed to initiate recovery proceedings until 2003.
Outcome
Dismissal of the plaintiffs' suit with no order as to costs
Authorities cited
Legislation (1)
- Limitation of Actions Act
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