Omolo s/o Omolo v. Okengo s/o Obuto, (PC) Civ. App. 106-M-66, 20/11/67, Cross J.

Omolo s/o Omolo v. Okengo s/o Obuto, (PC) Civ. App. 106-M-66, 20/11/67, Cross J.

Some time before 1959 plaintiff entrusted defendant with a cow which was subsequently stolen together with other cattle belonging to defendant. Some, but not all, of the cattle stolen were recovered, and defendant had received some compensation for others. This action was brought in 1965, for return of the cow.

            Held: (1) The assessors advise that under Luo customary law “If only par of the beasts are recovered the person in whose custody the beasts are stolen will keep some beasts for himself but give the rest to the person who entrusted the beasts to him.” (2) Rule 2 of the Customary Law (Limitation of Proceedings) Rules, 1963, provides that the period of limitation commences on the day when the right to bring the proceedings accrued or “on the day when these Rules come into operation which ever is later.” The rules came into operation on 29^th May, 1964, and the period of limitation is three years. Thus, the suit is not time barred. Plaintiff’s appeal allowed and defendant ordered to return one cow to plaintiff.