ANNELIESE FEILER v DIANI HOMES LIMITED [2012] KEHC 5796 (KLR)
- Court
- High Court of Kenya
- Case number
- 5796
- Citation
- [2012] KEHC 5796 (KLR)
- Decided
- 12 September 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to strike out the Plaintiff's suitCoramHon. R. Mwongo, R. Mwadime
Holding
The suit is not a proper case for striking out the Plaintiff, and the application is dismissed with costs to the Plaintiff.
Facts
The Plaintiff claims non-performance of an agreement for sale of a villa by the Defendant, which was to be constructed on a parcel of land. The Plaintiff alleges that the Defendant demanded payment of DM 150,000 in 1998 and issued a forfeiture notice. The suit seeks recovery of proceeds of sale of land.
Issues
- Whether the Plaintiff's suit is scandalous, frivolous, vexatious, or an abuse of the court process.
- Whether the suit is statute barred by the limitation period of 6 years under Section 4(1)(a) of the Limitation of Actions Act.
Reasoning
The court finds that the suit is not scandalous, frivolous, vexatious, or an abuse of the court process. The suit is within the 6-year limitation period under Section 4(1)(a) of the Limitation of Actions Act.
Outcome
Dismissed with costs
Orders
- Application to strike out the Plaintiff's suit dismissed with costs to the Plaintiff.
Authorities cited
Legislation (2)
- Limitation of Actions Act
- Civil Procedure Rules
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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