Kalenjin Auto Hardware Limited v Songok & 2 others

Kalenjin Auto Hardware Limited v Songok & 2 others (Environment & Land Case 777 of 2012) [2023] KEELC 16502 (KLR) (23 March 2023) (Ruling) Neutral citation: [2023] KEELC 16502 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT ELDORET ENVIRONMENT & LAND CASE 777 OF 2012 EO OBAGA, J MARCH 23, 2023 BETWEEN KALENJIN AUTO HARDWARE LIMITED ........................................... PLAINTIFF AND JOHN K SONGOK ........................................................................... 1ST DEFENDANT CLEMENTINA CHEBET SONGOK ............................................. 2ND DEFENDANT SOSIANI BUILDERS LIMITED ..................................................... 3RD DEFENDANT RULING 1. This is a ruling in respect of a notice of a preliminary objection brought by the 1st Defendant on grounds that this suit is statute barred. 2. The parties were directed to le written submissions in respect of the preliminary objection. The 1st Defendant led submissions on November 14, 2022. The Plainti led submissions on November 17, 2022. 3. I have considered the submissions by the parties. The agreement between the parties herein was entered into on November 3, 2011. According to the pleadings, the purchase price was paid on various dates until 2003. This being the case, the suit is therefore not statute barred. I proceed to dismiss the preliminary objection with costs to the Plainti. It is so ordered. DATED, SIGNED AND DELIVERED AT ELDORET ON THIS 23RD DAY OF MARCH, 2023. E. O. OBAGA JUDGE In the virtual presence of; https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/16502/eng@2023-03-23 1

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