MICHAEL METEYA v. LIDYA METEYA (2011)

Sh 14,500.00

Limitation of time – land dispute – respondent chased the appellant from the disputed land about 15 years ago but the dispute kept on emerging and being settled in several occasions subsequently thereto – claim not time barred.

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  • Limitation of time – land dispute – respondent chased the appellant from the disputed land about 15 years ago but the dispute kept on emerging and being settled in several occasions subsequently thereto – claim not time barred.
  • Minor discrepancies in evidence due to old age of witnesses – 80 years and 85 years not extreme old age of witnesses – interpretation of Section 127(1) of the Evidence Act, Chapter 6, Revised Edition of 2002 on extreme old age.
  • Issue of competence of witnesses not raised on appeal, so the appellate court found it improper to raise or query competence of witnesses.