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ELCDismissedOriginating Summons dated 20/1/2025· [2025] KEELC 679 (KLR)

Wanjohi v Pharis (Environment and Land Miscellaneous Application E001 of 2025) [2025] KEELC 679 (KLR)

High Court of Kenya
20 February 2025
BEB M Eboso
1,577 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The High Court in Meru confirmed Kenyan courts cannot extend the six-year deadline for land contract claims — only personal injury claims qualify for extension.

What this practically means

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Executive summary

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By an originating summons dated 20 January 2025, brought under Section 4(1)(a) of the Limitation of Actions Act (Cap 22) and Order 37 rule 6 of the Civil Procedure Rules, the applicant sought an order enlarging the time within which to file a suit against the respondent. The intended suit arose from sale of land agreements dated 14 and 22 December 2011, under which the respondent allegedly refused to transfer the land; the applicant's advocate advised that the six-year limitation period for contract claims had lapsed. The court examined the statutory framework. Section 4(1) merely prescribes that actions founded on contract may not be brought after six years and does not confer jurisdiction to enlarge time. Order 37 rule 6 is only procedural, governing how applications under Section 27 of the Act are made. Section 27 confers jurisdiction to enlarge limitation only for claims in negligence, nuisance or breach of duty where damages include personal injuries. Relying on Mary Osundwa v Nzoia Sugar Company, the court confirmed that Section 27 does not extend to contract or specific performance claims. Citing Samuel Kamau Macharia v Kenya Commercial Bank, it reiterated that jurisdiction flows from the Constitution or legislation and cannot be arrogated by the court or conferred by consent. Since the applicant's cause of action was a claim for specific performance of a contract, not a personal injury tort claim, the court had no jurisdiction to enlarge the limitation period. The originating summons was rejected and dismissed for lack of merit, with no order as to costs.

Key legal issues

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01

Whether the court has jurisdiction to enlarge the limitation period for a claim founded on contract

Holding

No. Section 4(1) merely prescribes the six-year limitation period and does not confer jurisdiction to enlarge it; Section 27 applies only to personal injury tort claims. The originating summons was dismissed.

Reasoning

The applicant invoked Section 4(1) of the Limitation of Actions Act and Order 37 rule 6 of the Civil Procedure Rules. The court held Section 4(1) only bars claims after six years and confers no enlargement power. Order 37 rule 6 is merely procedural, operationalising applications under Section 27. Section 27 applies only to negligence, nuisance or breach of duty claims with personal injury damages. The applicant's claim is for specific performance of a land sale contract, outside Section 27. Citing Mary Osundwa and Samuel Kamau Macharia, the court concluded it could not arrogate jurisdiction not conferred by law.

p. 3

Legal principles established

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  • Section 27 of the Limitation of Actions Act confers jurisdiction to enlarge limitation only for tort claims involving personal injuries; it does not apply to contract or specific performance claims.
  • Jurisdiction to enlarge limitation period must be donated by the Constitution, statute or subsidiary legislation; absent such grant, courts cannot enlarge limitation periods.

Court orders

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  1. 1.The originating summons dated 20/1/2025 is rejected and dismissed for lack of merit
  2. 2.No order as to costs

Authorities

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Legislation

  • Limitation of Actions Act (Cap 22)Section 4(1)
  • Limitation of Actions Act (Cap 22)Section 27
  • Civil Procedure RulesOrder 37 rule 6

Cases cited (2)

  • Mary Osundwa v Nzoia Sugar Company
    [2002] eKLR
  • Samuel Kamau Macharia & another v Kenya Commercial Bank Limited & 2 others
    [2012] eKLR
Jurisdiction invoked
Section 4(1)(a) of the Limitation of Actions Act (Cap 22) and Order 37 rule 6 of the Civil Procedure Rules (invoked by the applicant); the court found no jurisdiction under these provisions

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Wanjohi v Pharis (Environment and Land Miscellaneous Application E001 of 2025) [2025] KEELC 679 (KLR)", Case Analysis (2025). Originating Summons dated 20/1/2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/679/eng@2025-02-20

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