Ajore v Owidi (Environment & Land Case 10 of 2021) [2024] KEELC 7337 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the suit is statute barred under section 7 of the Limitation of Actions Act
No - the plaintiff raises an equitable claim of constructive trust, which falls under section 20 of the LAA and is not barred by sections 4 and 7
The defendant argued that the 2001/2003 agreement and alleged breach rendered the suit time-barred under section 7 of the LAA. The plaintiff countered that having paid the full purchase price and been put in possession, a constructive trust arose, anchored on Article 10(2)(b) of the Constitution. The court agreed that trust claims are governed by section 20 and that section 27 on extension of time does not apply to them, following the Chesebe case.
Whether the court has jurisdiction and whether the suit discloses a reasonable cause of action
The court found a cause of action discerned in the suit, which is neither an abuse of process nor a nullity
Applying the Mukisa Biscuit test, the court accepted that the objection raised pure points of law and thus warranted handling with promptitude per Kakuta Maimai Hamisi. However, having determined that the constructive trust claim is not captured by section 7 or 4 of the LAA, the court concluded the suit is not a nullity and jurisdiction subsists.
Legal principles established
#- A preliminary objection must be based on points of law and may dispose of a suit
- Where a purchaser has been put in possession and paid full purchase price, a constructive trust arises, and section 27 of the Limitation of Actions Act on extension of limitation period does not apply to such trust claims
Court orders
#- 1.The preliminary objection dated 5th July 2024 is disallowed
- 2.Costs of the preliminary objection to be in the cause
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over the suit land (land reference Kabondo/Kodhoch East/1437); specific provision not stated in the judgment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ajore v Owidi (Environment & Land Case 10 of 2021) [2024] KEELC 7337 (KLR)", Case Analysis (2024). Environment & Land Case 10 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/7337/eng@2024-11-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.