M’RINGERA M’NYANGE V M’MURUNGI M’NGATUNYI (Civil Appeal 71 of 1998) [2008] KEHC 3320 (KLR) (29 April 2008) (Judgment)
- Court
- High Court of Kenya
- Case number
- 3320
- Citation
- [2008] KEHC 3320 (KLR)
- Decided
- 29 April 2008
The appeal is allowed, and the judgment of the trial court is set aside. The respondent is awarded three (3) acres from Plot No. 1160 Katheri Farm.
Facts
The appellant and respondent were shareholders in Katheri Farmers Company Ltd. The respondent claimed 3 acres of land from the appellant, alleging an oral agreement in 1979. The appellant argued that Katheri Farmers Co. Ltd. was the party responsible for acquiring Kisima Farm, and that the transaction was not valid due to lack of consent from the Land Control Board.
Issues
- Whether the suit was barred by the statute of limitation
- Whether Katheri Farmers Co. Ltd. was a party to the agreement
- Whether the transaction was valid due to lack of consent from the Land Control Board
Reasoning
The court found that the suit was barred by the statute of limitation, as the cause of action arose in 1979 and the suit was filed in 1997. The court also ruled that the transaction was not valid due to lack of consent from the Land Control Board.
Outcome
Appeal allowed, judgment of the trial court set aside
Orders
- Judgment of the trial court set aside
- Respondent awarded three (3) acres from Plot No. 1160 Katheri Farm
Remedies
- Costs of the appeal awarded to the appellant
- Costs in the lower court awarded to the appellant
Authorities cited
Legislation (2)
- Limitation of Actions Act
- Land Control Act
Cases cited (2)
- Javed Iqbal Abdul Rahman and Adila Ali Bashir V. Bernard Wekesa Sambu and Another, Civil Appeal No. 11 of 2001
- Stanley Mbugua Gachie V. Lakeli Waithera & 2 others, Civil Appeal No. 153 of 1996
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