DIANA KATUMBI KIIO V. REUBEN MUSYOKI MULI

JUDGMENT OF THE COURT

1. The main issue that falls for our determination in this appeal is whether an agreement for sale of land gives rise to a cause of action for recovery of the land or a cause of action in contract. The answer to the issue would then determine whether the time limitation for filing suit under the Limitation of Actions Act, Cap 22, (LAA) was complied with. The Environment and Land Court (Mutungi J.) in this matter allowed a Preliminary Objection (PO) raised by the respondent on the grounds that the appellant's suit was time barred and struck it out on 19th June 2015.

2. The suit was filed on 2^nd May 2014 (Dated 10th April 2014) seeking a declaration that the appellant was the lawful owner of land parcel number Machakos Town Block 11/332 (plot 332) measuring 0.0465 Hectares.; a permanent injunction to restrain the respondent from interfering with it; and an order that the respondent hands over the certificate of lease and executes the necessary instruments of transfer…