Automated Summary
Key Facts
The plaintiff purchased 1 acre of land from the 4th defendant in 1995 but received a 2017 title deed listing the parcel as 0.23 hectares. The plaintiff alleged fraud by the 1st and 4th defendants, who colluded with the 2nd defendant to manipulate land records. The court determined the cause of action accrued in August 2017 when the title deed was issued, and the 2021 suit was statute-barred under the Public Authorities Limitations Act (12-month limit for tort) and Limitation of Actions Act (3-year limit for tort). The case was struck out, and the plaintiff's claims for land correction and injunctive relief were dismissed.
Issues
The court determined whether the plaintiff's suit, filed in January 2021 after the cause of action accrued in August 2017, was statute barred under the Public Authorities Limitation Act (12-month period for tort) and the Limitation of Actions Act (3-year period for tort). The court found the suit was filed out of time.
Holdings
The court found that the plaintiff's suit is statute-barred under section 3(1) of the Public Authorities Limitations Act and section 4(2) of the Limitation of Actions Act. The cause of action accrued on August 29, 2017 when the title deed was issued, but the suit was filed on January 15, 2021, exceeding both the 12-month and 3-year limitation periods. No evidence was provided to show leave was sought to file out of time, leading to the suit being struck out.
Remedies
- The court found the plaintiff's suit was filed over three years after the cause of action accrued on August 29, 2017, violating both the Public Authorities Limitation Act (12-month limit) and the Limitation of Actions Act (3-year limit). As a result, the suit was struck out due to being statute-barred. The court also ordered that parties bear their own costs since the 2nd and 3rd defendants did not participate in the hearing.
- Given the 2nd and 3rd defendants did not attend the hearing despite being duly served, the court determined that each party should bear their own costs of the suit.
Legal Principles
The court applied the statute of limitations for tort actions under section 3(1) of the Public Authorities Limitation Act and section 4(2) of the Limitation of Actions Act, determining the plaintiff's suit was filed beyond the prescribed 12-month and 3-year periods after the cause of action accrued in August 2017.
Precedent Name
- Karugi & another v Kabiya & 3 others [1987] KLR 347
- Kamau Muchuku v Ripples Ltd (1993) eKLR
- Party of Independent Candidate of Kenya & another v Mutula Kilonzo & 2 others [2013] eKLR
- Charles Mwangi Kamau v Mohamed Hassan Sheikh Noor (RIR) HCC No 2 of 2005
- Muriungi Kanoru Jeremiah v Stepehn Ungu M'Mwarambua (2015) eKLR
Cited Statute
- Land Registration Act
- Land Consolidation/Adjudication Act
- Limitation of Actions Act
- Public Authorities Limitation Act
- Evidence Act
- Government Proceedings Act
- Constitution of Kenya
- Civil Procedure Act
Judge Name
C.K. YANO
Passage Text
- It is therefore my findings that the suit was filed in violation of section 3(1) of the Public Authorities Limitation Actions Act and section 4(2) of the Limitation of Actions Act and the same is struck out.
- The plaintiff's complaint is that the defendants fraudulently issued him with a title deed for 0.23 hectares instead of one (1) acre. The title deed was issued to the plaintiff on August 29, 2017. Therefore, the cause of action accrued to the plaintiff on August 29, 2017 and the suit was filed on January 15, 2021 after a period of over three years.
- Section 3(1) and (2) of the Public Authorities Limitations Act provides as follows; (1) No proceedings founded on tort shall be brought against the government or a local authority after the end of twelve months from the date on which the cause of action accrued. (2) No proceedings founded on contract shall be brought against the Government or a local authority after the end of three years from the date on which the cause of action accrued.