Plaintiff v 1st, 2nd, 3rd & 4th Defendants
The bottom line
#A Kenyan court threw out a buyer's case against the bank holding a mortgage-like charge on the property, but confirmed land claims get 12 years.
What this practically means
#Executive summary
#Key legal issues
#Whether the suit is statute barred
Not time barred; the claim for transfer of land falls within a 12-year limitation period
The plaintiff sought to compel the defendants to accept the balance of the purchase price and to register a transfer of land in her favour. Because the transfer contemplated was of land, the applicable limitation period was 12 years from accrual of the cause of action, not the 6 years applicable to ordinary contract claims, so the suit filed within that period was not statute barred.
Whether any cause of action is disclosed against the 4th defendant
None; the suit against the 4th defendant was struck out
The suit property was registered in the name of the 3rd defendant on 11th January 2008 and charged to the 4th defendant to secure a facility. The plaintiff's contract was with the 1st defendant only, and she was never registered proprietor of the suit premises. The 4th defendant therefore had no connection with that contract and no claim lay against it.
Legal principles established
#- A claim to compel transfer of land is governed by a 12-year limitation period, not the 6-year period for contract claims
- A plaintiff who was never the registered proprietor and had no contract with a subsequent chargee discloses no cause of action against that chargee
Court orders
#- 1.The suit against the 4th defendant struck out with costs to the 4th defendant
- Jurisdiction invoked
- Order VI rules 13(1)(a)(b) & (d) and 16 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Plaintiff v 1st, 2nd, 3rd & 4th Defendants", Case Analysis (2010). Civil Case No 214 of 2008. Source: https://new.kenyalaw.org/akn/ke/judgment/kehc/2010/2934/eng@2010-03-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.