Kellen Karimi Nduma ndambiri & anothwer v & 2 thers [2014] KEHC 2108 (KLR)
- Court
- High Court of Kenya
- Case number
- 2108
- Citation
- [2014] KEHC 2108 (KLR)
- Decided
- 3 October 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPosturePreliminary Objection to SuitCoramB.N. Olao
Holding
The suit is time barred and dismissed with costs.
Facts
The plaintiffs are suing as the legal representatives of the Estate of the late James Ndambiri, who had his rice holding No. 4388 terminated on 8th June 1983 and later allocated to another party. The plaintiffs claim compensation and a declaration that the termination and allocation were illegal.
Issues
- Whether the suit is time barred due to the Limitation of Actions Act and Government Proceedings Act.
- Whether the court should consider invoking constitutional provisions for justice.
Reasoning
The cause of action arose in 1983 when the licence was terminated. The plaintiffs did not file the suit within the six-year limitation period set by the Limitation of Actions Act. The court upholds the Preliminary Objection and dismisses the suit.
Outcome
Dismissed with costs
Orders
- The suit is dismissed with costs to the 3rd defendant.
Authorities cited
Legislation (2)
- Limitation of Actions Act
- Government Proceedings 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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