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Eldoret Express Limited v. Tawai Limited;National Land Commission (Interested Party)

(2019) JELR 102518 (CA)

Court of Appeal  •  Civil Appeal 118 of 2017  •  28 Nov 2019  •  Kenya

Milton Stephen Asike Makhandia, James Otieno Odek, Patrick Omwenga Kiage



A mix of greed, ambition, opportunism, straight-faced perjury, negligence and laziness on the part of various parties and players has made the dispute giving rise to this appeal a sickening swamp of lies, half-truths, selective amnesia and outright impunity that has clouded and obfuscated reality to the point where falsehood passes for truth and truth lies desecrated in a highly contentious fight for some prime land in Trans-Nzoia County. The legal battle royale pits the appellant Eldoret Express Limited (Express) against Tawai Limited (Tawai) both laying claim to the 640 acre land known as Land reference No. 5707/6 (the suit land) that lies to the South West of Kitale town at a place called Kiungani.

It is not in dispute that the suit land was initially part of the larger Land Reference No. 5707 measuring 764 acres and owned by one, George Alexander Sinclair as Grantee under Grant No. I.R.16551 from the Governor and Commander in-Chief of the Colony and Protectorat…

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