REPUBLIC OF KENYA IN THE SMALL CLAIMS COURT AT KITALE CLAIM NO. E047 OF 2024 PROTUS SIRENGO………….………………..………………………... ……................................................................................................. ..........................................................CLAIMANT VERSUS PHILEMON KINYANJA NDIWA…………. ……………………………………………………………………………………………………… ………………………….RESPONDENT RULING 1. The Respondent filed before this court a Notice of Preliminary Objection dated 19th August 2024 urging this court to dismiss this claim. The Preliminary Objection was grounded on the ground that this claim is time-barred and offends the provisions of section 4(2) of the Limitations of Actions Act, Cap. 22 Laws of Kenya. 2. The Preliminary Objection was canvased orally by counsel for the parties herein. This court has duly considered those oral submissions. 3. Whereas it is common ground that the tort complained of by the Claimant against the Respondent occurred on 20 th April 2021, the Claimant’s claim before this court is a claim that is founded on the judgment delivered in Kitale CMC Criminal Case Number MCCR/E2595/2021 on 03rd July 2024. 4. Therefore, the applicable law on whether the claim herein is statute barred is section 4 (4) of the Limitations of Actions Act that provides thus: Kitale SCC CC. No. E047 of 2024 Page 1 of 3 Judgment
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An action may not be brought upon a judgment after the end of twelve years from the date on which the judgment was delivered, or (where the judgment or a subsequent order directs any payment of money or the delivery of any property to be made at a certain date or at recurring periods) the date of the default in making the payment or delivery in question, and no arrears of interest in respect of a judgment debt may be recovered after the expiration of six years from the date on which the interest became due. 5. Guided by the authority above, it follows that the claim herein is not statute-barred. DISPOSITION 6. The upshot of the foregoing is that the Respondent’s Notice of Preliminary Objection dated 19th August 2024 is bereft of merit. The same is dismissed with costs to the Claimant. The costs are assessed at Kshs. 5,000/=. Signed and dated at Kitale this 15th day of September 2024 T.O. OMONO ADJUDICATOR Read, signed, and delivered in open court at Kitale this 16th day of September 2024 …………………. ADJUDICATOR Kitale SCC CC. No. E047 of 2024 Page 2 of 3 Judgment
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In the presence of: Kitale SCC CC. No. E047 of 2024 Page 3 of 3 Judgment
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