Michael Gachoki Gicheru v Joseph Karobia Gicheru [2014] KEHC 2111 (KLR)
- Court
- High Court of Kenya
- Case number
- 2111
- Citation
- [2014] KEHC 2111 (KLR)
- Decided
- 10 October 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPosturePleading and MotionCoramB.N. Olao
Holding
The suit is not statute barred and is not res-judicata.
Facts
The plaintiff, Michael Gachoki Gicheru, claims that the defendant, Joseph Karobia Gicheru, holds land in trust for both of them, and seeks a declaration and an order for 2 acres of the land.
Issues
- Whether the suit is statute barred
- Whether the suit is res-judicata
Reasoning
The court found that the suit is not statute barred as it falls under Section 20(1) of the Limitation of Actions Act, and the previous determinations by the Land Disputes Tribunal and Appeals Committee at Nyeri do not apply due to lack of jurisdiction.
Outcome
The defendant's preliminary objection is dismissed with costs.
Authorities cited
Legislation (2)
- Limitation of Actions Act
- Civil Procedure Rules
Cases cited (1)
- JOHAM AMUNAVI VS THE CHAIRMAN SABATIA DIVISION LAND DISPUTES TRIBUNAL & ANOTHER KISUMU CIVIL APPEAL NO. 250 OF 2002
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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