Karani & another v Njogu & 5 others (Environment and Land Case E064 of 2025) [2025] KEELC 8530 (KLR)
The bottom line
#A Kenyan court threw out a defendant's attempt to have a land suit dismissed on limitation grounds because he raised it before filing a defence.
What this practically means
#Executive summary
#Key legal issues
#Whether the preliminary objection premised on limitation of actions was properly raised and demonstrated
The preliminary objection was dismissed for lacking legal basis
The court found the 2nd defendant had not shown how the plaintiffs' suit offended Section 7 of the Limitation of Actions Act; his submissions addressed his own acquisition of a different parcel and the alleged absence of documentary support for the plaintiffs' claim, which are evidentiary matters rather than a pure point of law. Further, the objection was raised before any statement of defence was filed, contrary to the requirement that a preliminary objection arise from the pleadings.
Whether limitation can be raised by preliminary objection before a defence is filed
No - a preliminary objection must arise from the pleadings, and in the absence of a statement of defence it lacks basis
Applying Mukhisa Biscuits and the Court of Appeal decision in Achola v Hongo Sule, the court held that a preliminary objection arises expressly or impliedly from the pleadings. Since neither the 2nd defendant nor the 1st defendant had filed a statement of defence when the objection was raised, it had no foundation. Limitation, being a defence, must be specifically pleaded and may also be waived.
Legal principles established
#- A preliminary objection must arise expressly or impliedly from the pleadings; in the absence of a statement of defence, a preliminary objection lacks basis or legal grounding
- Limitation is a defence that must be specifically pleaded, and a party entitled to rely on it may waive it and let the suit proceed to trial on its merits
Court orders
#- 1.The 2nd defendant's preliminary objection dated 5th August 2025 is dismissed
- 2.Costs of the preliminary objection awarded to the plaintiffs
- Jurisdiction invoked
- Original civil jurisdiction of the court over the land dispute (specific provision not stated in the ruling)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Karani & another v Njogu & 5 others (Environment and Land Case E064 of 2025) [2025] KEELC 8530 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8530/eng@2025-11-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.