RICHARD TOROITICH V. MIKE K LELMET, ELISHEBA C LELMET & ESTHER J LELMET (SUED AS ADMINISTRATORS OF THE ESTATE OF WILLIAM CHERUIYOT LELMET)

JUDGMENT OF THE COURT

This is an appeal from the ruling of the High Court at Kitale (E. Obaga, J) delivered on 28^th May 2014 upholding the respondents’ preliminary objection to the appellant’s action on the basis that the same is barred by the Limitation of Actions Act. The result of the ruling was that the appellant’s suit seeking a declaration that he is entitled to five acres of the property known as L. R. No. 6614/4 Cherangany, Trans-Nzoia East County (“the property”) and for an order directing the respondents to transfer the same to him was struck out in limine. In the same ruling, the court also struck out the appellant’s motion for interlocutory injunction seeking to restrain the respondents from trespassing, ploughing, planting or in any other way interfering with his peaceful use and possession of the property.

According to the appellant, the learned judge was wrong to uphold the preliminary objection and to strike out his suit as well as his application for interlocutory injun…