Chemurwok & another v Director of Land Adjudication andSettlement & 4 others (Environment and Land Miscellaneous Application E014 of 2025) [2026] KEELC 2741 (KLR)
The bottom line
#The Environment and Land Court in Kericho ruled it has no power to extend limitation periods for land discharge claims, so the family's late lawsuit failed.
What this practically means
#Executive summary
#Key legal issues
#Whether the Court has jurisdiction under Section 27(1) of the Limitation of Actions Act to grant leave to file suit out of time
It does not, because the Applicants' cause of action for discharge of a charge is not founded on tort within Section 27(1)
Section 27(1) permits extension of time only for actions founded on tort - negligence, nuisance or breach of duty - where damages include personal injuries. The Applicants' claim concerns alleged failure to issue a discharge of charge for LR No. 8700/2 Manori Farm, which the Respondents characterised as an administrative issue rather than a tort. Following Mary Osundwa v Nzoia Sugar Company Ltd, the cause of action falls outside Section 27(1), and the Court therefore lacks jurisdiction to extend time.
Whether the Applicants' ignorance that the claim was time-barred justified extension of time
It did not; ignorance of the law is no defence, and Section 27(1) covers ignorance of material facts only
The Applicants pleaded that as lay people they did not know the intended claim was subject to a twelve-year limitation period. Relying on Chondo & another v Mwijo & 5 others, the court held that extension is provided for ignorance of material facts decisive to the cause of action, not ignorance of legal procedures or the law. The Applicants' plea of ignorance of the limitation period therefore could not ground the extension sought.
Legal principles established
#- Jurisdiction to extend time under Section 27(1) of the Limitation of Actions Act is confined to actions founded on tort - negligence, nuisance or breach of duty with damages for personal injuries - and does not extend to contract or other causes of action
- Extension of the limitation period applies to ignorance of material facts, not ignorance of the law; ignorance of the law is no defence
Court orders
#- 1.The Applicants' Originating Summons dated 9th May, 2025 is dismissed with costs
- Jurisdiction invoked
- Article 159(1) of the Constitution of Kenya; Sections 26, 27, 28, 29, 30 & 39 of the Limitation of Actions Act; Sections 1, 1A, 3 & 3A of the Civil Procedure Act; Order 50 Rule 6 and Order 37 Rule 6 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Chemurwok & another v Director of Land Adjudication andSettlement & 4 others (Environment and Land Miscellaneous Application E014 of 2025) [2026] KEELC 2741 (KLR)", Case Analysis (2026). Originating Summons dated 9th May, 2025 (ELC Kericho). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2741/eng@2026-05-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.