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ELCDismissedNot stated in excerpt (ELC Mombasa)· [2025] KEELC 5130 (KLR)

Maranga v Mwangi & 2 others (Environment and Land Case 38 of 2014) [2025] KEELC 5130 (KLR)

Environment and Land Court
9 July 2025
1,251 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court in Mombasa refused to strike out a land claim because the parties had already signed a mediation settlement adopted by the court.

What this practically means

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Executive summary

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The defendants filed a notice of motion dated 23rd April 2025 seeking to strike out the plaintiff's further amended plaint dated 21st February 2022 as an abuse of court process, arguing that the claim, founded on fraud arising from agreements of 31st May 2002 and 14th January 2006, was statute barred under sections 4 and 26 of the Limitation of Actions Act, rendering the court without jurisdiction, and relying on authorities including Spin Knit Dairy and Owners of Motor Vessel 'Lillian S'. The plaintiff opposed through grounds of opposition and a replying affidavit, contending his cause of action was recovery of land sold without his consent, filed in 2014 within twelve years; that fraud was pleaded only for damages under Order 3 Rule 14; that the limitation issue had already been raised and declined during amendment of pleadings; and that he had closed his case. The court observed that the parties had consented to court annexed mediation, resulting in a partial settlement dated 29th May 2023 adopted on 19th July 2023, and that an earlier plaintiff's application to set aside that settlement had been declined by a ruling of 11th April 2024. Allowing the striking out application would nullify the adopted partial settlement and was an exercise in futility. The court dismissed the application and ordered the defendants to pay the plaintiff's costs under section 27 of the Civil Procedure Act.

Key legal issues

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01

Limitation and striking out of suit founded on fraud

Holding

The application to strike out on limitation grounds was dismissed; the defendants never raised a limitation preliminary objection since 2014 and the claim is for recovery of land filed within 12 years.

Reasoning

The defendants argued the claim pleaded fraud which should have been filed within three years under sections 4 and 26 of the Limitation of Actions Act, rendering the court without jurisdiction. The plaintiff countered that the cause of action was recovery of land sold without his consent, filed in 2014 within the twelve-year period, and that fraud was pleaded only to support damages. The court was also influenced by the prior decline of a limitation-based objection and the plaintiff having closed his case.

p. 2
02

Effect of court annexed mediation partial settlement on striking out application

Holding

Allowing the striking out application would nullify the partial settlement adopted by the court on 19th July 2023 and was therefore futile.

Reasoning

The record confirmed that the suit was referred to court annexed mediation by consent, producing a partial settlement agreement dated 29th May 2023 adopted by the court on 19th July 2023. Mediation settlements are not appealable, and the defendants were aware of the further amended plaint before consenting to mediation. The court also noted its ruling of 11th April 2024 declining to set aside the settlement, and that the plaintiff had closed his case on unsettled issues.

p. 3
03

Res judicata as between the two applications

Holding

Allowing the application would be tantamount to setting aside the partial settlement, which the court had already declined to do in its ruling of 11th April 2024.

Reasoning

The plaintiff had earlier sought to set aside the partial settlement agreement, and that application was heard on merit and declined by the ruling of 11th April 2024, which only set aside agreed issue number 2 against a non-party County Government. Revisiting the same question through the striking out application would contradict that earlier ruling.

p. 3

Legal principles established

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  • Where parties have entered a partial settlement through court annexed mediation that has been adopted by the court, a striking out application which would have the effect of undoing that settlement is futile and will not be entertained.
  • Costs follow the event under section 27 of the Civil Procedure Act unless the court orders otherwise for good reason.

Court orders

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  1. 1.The defendants' application dated 23rd April 2025 is dismissed
  2. 2.The defendants to pay the plaintiff's costs

Authorities

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Legislation

  • Limitation of Actions Actsections 4 & 26
  • Civil Procedure Actsection 27
  • Civil Procedure RulesOrder 3 Rule 14

Cases cited (6)

  • Equatorial Bank Limited versus Jodam Engineering Works Limited & 2 Others
    [2014] eKLR
  • Spin Knit Dairy Limited versus Mwaniki Muchangi
    [2019] eKLR
  • Owners of Motor Vessel "Lillian S" versus Caltex Oil (K) Limited
    [1989] KLR
  • David Githumbi Thande versus Dairy Farmers Cooperative Society & 9 Others
    [2010] eKLR
  • Benja Properties Limited versus Syedna Mohammed Burhannudin Sahed & 4 Others
    [2015] eKLR
  • Accredo AG & 3 Others versus Stefiano Uccelli & Another
    [2019] eKLR
Jurisdiction invoked
Article 162(2)(b) Constitution (Environment and Land Court) - not expressly cited in excerpt

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, "Maranga v Mwangi & 2 others (Environment and Land Case 38 of 2014) [2025] KEELC 5130 (KLR)", Case Analysis (2025). Not stated in excerpt (ELC Mombasa). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5130/eng@2025-07-09

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