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Margaret Wairimu Magugu v. Karura Investment Limited, Chief Lands Registrar, Kamwere & Associates, Attorney General & National Land Commission

(2019) JELR 99297 (CA)

Court of Appeal  •  Civil Appeal 3 of 2018  •  5 Apr 2019  •  Kenya

Coram
Wanjiru Karanja, Fatuma sichale, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

Introduction

1.This appeal arises from a ruling and order of the Environment and Land Court (E.O. Obaga, J) delivered on 20th November 2017 striking out the appellant’s suit against the respondents’ on the ground that it was barred by the Limitation of Actions Act and on the further ground that the suit was an abuse of the process of the court.

Background

2. The appellant, Margaret Wairimu Magugu, is the widow and administrator of the estate Arthur K. Magugu, deceased, who died on 15th September 2012. By a plaint dated 19 January 2017, the appellant filed suit against Karura Investment Ltd; Chief Land Registrar; Kamwere and Associates; the Attorney General, and the National Land Commission, the 1st to 5th respondents respectively, claiming that the deceased’s property known as L. R. No. 12422/9 was in 1993 subdivided on instructions of the deceased into two portions, namely L. R. No. 12422/203 and L. R. No. 12422/204; that the portion known as L. R. No. 12422/204 was…

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