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ELCStruck OutNot stated in the judgment as provided· [2021] KEELC 2624 (KLR)
Sammy Karanja & Escalio Manuel D’silva t/a Sam & Sema Market Centre v Provident Rock Investment Ltd & another [2021] KEELC 2624 (KLR)
Environment and Land Court / High Court of Kenya (not expressly stated)
14 June 2021
966 words in judgment
AI-assisted case brief
·~4 min to read original · ~4 min briefThe bottom line
#A 14-year-old rent claim was struck out because Kenyan law gives you only six years to sue for rent arrears.
What this practically means
#Executive summary
#The Plaintiffs were head tenants on premises on LR No.209/1413/40, trading as Mitra Club and later Sam and Sema Market Centre. The 1st Defendant bought the premises in May 2004 and began collecting rent from the Plaintiffs' sub-tenants in April 2005, prompting the Plaintiffs to move to the Business Premises Rent Tribunal, which found it had no jurisdiction. In 2019 the Plaintiffs sued, claiming rent arrears from the 1st Defendant (1st May 2005 to 30th August 2013) and from the 2nd Defendant, who purchased the premises in 2013 (1st September 2013 to December 2014), together with renovation costs of Kshs.2,041,500 and damages for wrongful eviction. Before hearing, the 1st Defendant raised a preliminary objection that the suit was statute barred, which was canvassed by written submissions. The court identified the sole issue as whether the suit was time barred. Characterising the rent claim as one for mesne profits, the court applied Section 8 of the Limitation of Actions Act, which bars actions for arrears of rent after six years. The cause of action accrued in April 2005, so limitation expired in 2011; the suit filed in 2019 was fourteen years late. The court further held, relying on the Court of Appeal in Donald Osewe Oluoch v Kenya Airways Limited, that the pendency of other suits did not extend or suspend limitation time, and distinguished the English continuous-breach authority of Huyton and Rubygas. Upholding the preliminary objection, the court struck out the Plaintiffs' suit with costs to the Defendants on 14th June 2021.
Key legal issues
#01
Whether the Plaintiffs' claim for rent arrears and damages is statute barred
Holding
Yes - the suit is statute barred and was struck out
Reasoning
The Plaintiffs' claim for rent collected by the Defendants was in substance a claim for mesne profits/arrears of rent, recoverable only within six years under Section 8 of the Limitation of Actions Act. The cause of action accrued in April 2005 when eviction and rent collection began, so time expired in 2011. The suit filed in 2019, fourteen years later, was out of time, and pendency of other suits did not suspend limitation.
p. 2
Legal principles established
#- An action to recover arrears of rent or damages in respect thereof must be brought within six years from the date the arrears became due
- Prosecution of other proceedings on the same cause of action does not extend or stop limitation time
- Filing prior suits does not extend or stop time from running under the Limitation of Actions Act
Court orders
#- 1.The Plaintiffs' suit is struck out
- 2.Costs of the suit to the Defendants
- Jurisdiction invoked
- Original civil jurisdiction (not expressly stated in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Sammy Karanja & Escalio Manuel D’silva t/a Sam & Sema Market Centre v Provident Rock Investment Ltd & another [2021] KEELC 2624 (KLR)", Case Analysis (2021). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/2624/eng@2021-06-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.