Githae v Njuguna (Suing as the next of kin and legal representative of Estate of Sammie Seka Barah - Deceased) & 2 others (Environment and Land Appeal 18 of 2024) (Environment and Land) [2025] KEELC 6301 (KLR)
The bottom line
#A Kenyan court threw out a 21-year-late land claim, confirming the 12-year limit to sue for land recovery is absolute.
What this practically means
#Executive summary
#Key legal issues
#Limitation of the suit for recovery of land
The suit, filed over 21 years after the 1995 sale agreement, was statute barred under Section 7 of the Limitation of Actions Act
The founding cause of action was the 1995 sale agreement; the suit to recover land was filed in 2016, about 21 years later. Section 9(2) could not assist because there was no evidence the deceased was in possession of the land. The ex-parte extension of time under Section 26 obtained for a breach of contract claim did not cover a suit to recover land, which is subject to an absolute 12-year bar.
Jurisdiction of the trial court
Having found the suit time barred, the trial court lacked jurisdiction and should not have entertained the matter
Relying on Bosire Ongero v Royal Media Services and Owners of the Motor Vessel 'Lillian S', limitation goes to jurisdiction. Once a claim is statute barred, the court has no power to take any further step, and the trial court's judgment was a nullity for want of jurisdiction.
Applicability of leave granted under Section 26 of the Limitation of Actions Act
The ex-parte extension of time granted for a contract/fraud claim was not applicable to the subsequent suit to recover land
The Applicant in the misc. application sought to file suit for damages for breach of agreement and fraud, but instead filed a suit to recover land. Given the fundamental distinction between the 12-year absolute bar in Section 7 and the Section 26 extensions, the leave did not validate the land recovery suit.
Legal principles established
#- A suit to recover land cannot be brought after 12 years from when the right of action accrued, and Section 26 extension on grounds of fraud or mistake does not apply to land recovery claims after the 12-year period
- Where a claim is statute barred, the court has no jurisdiction to entertain it
- Under Section 9(2) of the Limitation of Actions Act, the right of action to recover a deceased person's land accrues on the date of death only if the deceased was in possession of the land
Court orders
#- 1.Appeal allowed
- 2.Judgment of the trial court set aside and substituted with an order of dismissal of the Plaintiff's case in the trial court
- 3.Appellant to have costs of the Appeal and of the suit in the lower court
- On appeal from
- Chief Magistrate's Court at Nakuru
- CM ELC No. 517 of 2018
- Jurisdiction invoked
- First appeal under section 78 of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Githae v Njuguna (Suing as the next of kin and legal representative of Estate of Sammie Seka Barah - Deceased) & 2 others (Environment and Land Appeal 18 of 2024) (Environment and Land) [2025] KEELC 6301 (KLR)", Case Analysis (2025). Nakuru CM ELC 517 of 2018 (Appeal). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6301/eng@2025-09-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.