Kanyuira v Kironyo & 3 others (Environment & Land Case 57 of 2019) [2024] KEMC 74 (KLR) (4 April 2024) (Judgment)
- Court
- Magistrate's Courts
- Case number
- 74
- Citation
- [2024] KEMC 74 (KLR)
- Decided
- 4 April 2024
The court finds that the plaintiff's claim is not time-barred and that the 2nd and 3rd defendant are bona fide purchasers for value without notice.
Facts
The plaintiff, Kanyuira, claims the suit property Gilgil/Gilgil block 1/763 (Kikopey) belongs to him. The defendants, Kironyo and Vision Afrika Housing Cooperative Society Ltd, argue that the plaintiff's claim is time-barred and that they are bona fide purchasers for value without notice.
Issues
- Whether the plaintiff's claim against the 1st, 2nd, and 3rd defendant is time barred under the Limitation of Actions Act.
- Whether the demise of the 1st defendant abates/extinguishes the plaintiff's claim.
- Whether the plaintiff is entitled to a remedial appendage under Section 80 of the Land Registration Act.
- Whether the 2nd and 3rd defendant are bona fide purchasers for value without notice.
- Who should bear the costs of this suit.
Reasoning
The court considers the testimonies, exhibits, and written submissions of the parties. It applies Sections 7 and 26 of the Limitation of Actions Act and Section 80 of the Land Registration Act to determine the validity of the plaintiff's claim and the defendants' status.
Outcome
The court dismisses the plaintiff's claims and orders the rectification of the register.
Orders
- Order for rectification of the register by cancelling or amending any registration obtained by fraud or mistake.
Authorities cited
Legislation (2)
- Limitation of Actions Act
- Land Registration Act
Cases cited (2)
- Vijay Morjaria v/s Nansingh Madhusing Darbar and another (2000) eKLR
- Alice Chemutai Too v/s Nickson Kipkurui Korir and 2 others (2015) eKLR
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