Sumac Development Company Limited v George Munyui Kigathi & 2 others [2017] KEHC 6710 (KLR)
- Court
- High Court of Kenya
- Case number
- 6710
- Citation
- [2017] KEHC 6710 (KLR)
The plaintiff's suit against the 3rd defendant is struck out with costs.
Facts
The plaintiff filed a suit claiming breach of contract for sale of land, which was amended to include Kenya National Highway Authority as a defendant. The 3rd defendant filed a preliminary objection alleging non-compliance with section 67(a) of the Kenya Roads Act.
Issues
- Non-compliance with section 67(a) of the Kenya Roads Act
- Statutory limitation
Reasoning
The court found that the plaintiff did not comply with the mandatory provisions of section 67(a) of the Kenya Roads Act, which requires at least 30 days notice before filing a suit against the Kenya National Highway Authority. The court also noted that the cause of action against the 3rd defendant arose on 8th October, 2010, and the suit was filed on 2nd June, 2015, which was beyond the statutory limitation period.
Outcome
The plaintiff's suit against the 3rd defendant is dismissed.
Orders
- The plaintiff's suit against the 3rd defendant is struck out with costs.
Authorities cited
Legislation (2)
- Kenya Roads Act, Cap 2007
- Government Proceedings Act
Cases cited (3)
- Osborn Vs. Bank of the United States 22 U.S. 738, 866 (1824)
- Aggrery Simiyu Vs. Kenya Railways Corporation Civil Case No. 36 of 2010 (2010) eKLR
- Langat Vs. KPTC (2002) 2EA. 436 (CAK)
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