Benjamin Barasa Wafula v Gladys Nekoye Murunga & 6 others [2018] KEELC 2344 (KLR)
The bottom line
#A Kenyan court struck out a land-grabbing suit because it was filed more than twelve years after the alleged taking, showing delay can end land claims.
What this practically means
#Executive summary
#Key legal issues
#Whether the suit is barred by the limitation of actions
The suit was filed on 9th November 2015, well over twelve years after the cause of action accrued between 1994 and 1995, and is statute barred under Section 7 of the Limitation of Actions Act
The plaintiff's own plaint pleaded that the 1st defendant grabbed the land between 1994 and 1995. Section 7 bars actions to recover land after twelve years. Even assuming Section 26 (fraud) applied, there was no evidence of fraud justifying extension, and the 2nd defendant's occupation since 1994 meant the plaintiff could with reasonable diligence have discovered any alleged fraud then rather than waiting until 2015.
Whether an interested party can be enjoined in a suit that is itself incompetent
An application to be enjoined cannot survive where the suit is statute barred; it suffers the same fate as the suit
The court declined to determine whether pleadings could properly be filed on the basis of a power of attorney, holding that once the suit is statute barred, no purpose is served in addressing collateral issues in the application.
Legal principles established
#- An action to recover land may not be brought after twelve years from the date the right of action accrued
- A plaintiff is bound by his own pleadings as to when the cause of action accrued for limitation purposes
Court orders
#- 1.The suit is struck out for being statute barred
- 2.The application dated 9th March 2016 is struck out
- 3.The Plaintiff to meet the costs of the 1st, 2nd, 3rd, 4th, 5th and 7th defendants
- Jurisdiction invoked
- Original civil jurisdiction over land disputes; application under Order 1 Rules 10(1-2), 14, 8(3) and Order 8 Rules 3(5) and 5(1) of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Benjamin Barasa Wafula v Gladys Nekoye Murunga & 6 others [2018] KEELC 2344 (KLR)", Case Analysis (2018). Not stated in the judgment (Civil Suit, Bungoma). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/2344/eng@2018-07-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.