IN THE COURT OF APPEAL
AT ELDORET
(CORAM: OUKO, (P) (IN CHAMBERS)
CIVIL APPLICATION NO. 137 OF 2019
BETWEEN
BENJAMIN AMCHAT..........................................1ST APPLICANT
JACKSON KIPSANG KOGO..........................2ND APPLICANT
AND
BEATRICE NANYAMA MURUNGA.......................RESPONDENT
(Being an application for leave to appeal out of time from the Judgment of the High Court of Kenya at Eldoret, (A. Ombwayo, J.) delivered on 21st December, 2018
in
ELC No. 826 of 2012)
********
RULING
At the heart of this dispute is parcel of land known as Nandi/Kiptel/1058 measuring 3.72 Ha. Though the respondent is the registered proprietor of the suit property, the applicants challenged that ownership in the Environment and Land Court. The court, (Ombwayo, J.) not being convinced by the applicants’ claim, by a judgment rendered on 21st day of December, 2018, rejected it and instead ordered the applicants to vacate the suit property within 45 days of the date of the decision or face eviction.
The appli…