Judgment
Before us is an appeal arising out of the ruling in Nyahururu ELC case No 261 of 2017. The respondents had filed a preliminary object against a suit filed by the appellant urging the trial court to dismiss the suit as it offended section 7 of the Limitation of Actions Act. The learned Judge after hearing both parties ruled that the court lacked jurisdiction since the suit was time barred under the Limitation of Actions Act.
The appellant being dissatisfied with the ruling of the trial court has preferred this appeal seeking to alter the trial court’s decision. The appellant raises five grounds of appeal which we reproduce verbatim as herein under:
i. The learned Judge erred in law, and in fact by allowing the defendants’ objection without considering that time started running from the date of ruling of the tribunal;
ii. The learned Judge erred in law and in fact that this being a land matter, Limitation of Actions Act stipulates that a suit has to be filed within 12 years and not…