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ELCDismissedOriginating Motion dated 27th July, 2017· [2018] KEELC 714 (KLR)

Kamau Njuguna v Kiambu County Government [2018] KEELC 714 (KLR)

Environment and Land Court
22 November 2018
1,117 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's courts cannot extend limitation deadlines for land-recovery claims—only for personal injury cases—so file land disputes on time.

What this practically means

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Executive summary

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The applicant, administrator of the estate of Njuguna Muhuhu (deceased), sought leave by Originating Motion dated 27th July, 2017 to file a suit out of time against the respondent. The applicant alleged that the respondent unlawfully excised 0.1 acres from the deceased's land, Gatamaiyu/Kagwi/T.144, creating Plot No. T.248 which was allocated to a third party. The deceased discovered the excision in 1980, engaged the respondent unsuccessfully, and the Kenya Anti-Corruption Commission later found the excision illegal and recommended compensation, which was not implemented. An earlier suit (ELC Suit No. 294 of 2008) filed in 2008 was withdrawn in May 2017 because the applicant lacked letters of administration at filing. The respondent opposed, citing inordinate delay and the indolence of the applicant. The court framed a single issue: whether time should be extended for filing the intended suit. It held that the applicant's reliance on sections 3, 3A and 63(e) of the Civil Procedure Act was misplaced; the governing provision is section 27 of the Limitation of Actions Act, which on the authority of Mary Osundwa v Nzoia Sugar Company Limited (followed in Willis Onditi Odhiambo v Gateway Insurance Co. Ltd) applies only to tort claims involving personal injuries. As the intended suit is for recovery of land, the court lacked jurisdiction to grant the extension. The application was dismissed with each party bearing its own costs. Delivered at Nairobi on 22nd November, 2018 by S. Okongó, J.

Key legal issues

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Whether the court has jurisdiction under section 27 of the Limitation of Actions Act to extend time to file a suit for recovery of land

Holding

It does not; section 27(1) is confined to tort actions for negligence, nuisance or breach of duty with damages for personal injuries, and a claim for recovery of land falls outside its ambit

Reasoning

The court identified section 27 of the Limitation of Actions Act as the provision governing extension of time, noting the applicant had relied on irrelevant provisions of the Civil Procedure Act. Relying on the Court of Appeal's interpretation in Mary Osundwa v Nzoia Sugar Company Limited, cited with approval in Willis Onditi Odhiambo v Gateway Insurance Co. Ltd, the court held that extension of time under section 27 is available only where the action is founded on tort and damages are claimed for personal injuries. Since the applicant's cause of action was for recovery of land, the court lacked jurisdiction to grant the extension sought.

p. 2

Legal principles established

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  • Section 27 of the Limitation of Actions Act confers jurisdiction to extend time only for tort actions founded on negligence, nuisance or breach of duty involving personal injuries; it does not extend to recovery of land or other causes of action

Court orders

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  1. 1.The Originating Motion dated 27th July, 2017 (referred to in the disposal as Originating Summons) is dismissed with each party bearing its own costs
Jurisdiction invoked
Sections 3, 3A and 63(e) of the Civil Procedure Act invoked by applicant; court held applicable provision is section 27 of the Limitation of Actions Act, Cap 22

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kamau Njuguna v Kiambu County Government [2018] KEELC 714 (KLR)", Case Analysis (2018). Originating Motion dated 27th July, 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/714/eng@2018-11-22

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.