ELIZABETH SARANGE ABANGE V. MILKA MUSIMBI MAVIA & 8 ORS

JUDGEMENT

JUDGEMENT OF TUIYOTT, JA

1. This dispute is between Elizabeth Sarange B. Abenga (the appellant) and members of the family of John Mavia Wetira (the deceased).

2. In a suit filed at Eldoret High Court being Civil Suit No. 7 of 2006 and later designated ELC No. 228 of 2012, the appellant brought an action against the nine respondents seeking, in the main, that they be evicted from land parcel number Uasin Gishu/Kimumu/1567, which is registered in the name of the appellant. The deceased was the husband of the 1st respondent and father of the 2nd to 9th respondents.

3. In resisting the claim by the appellant, the respondents stated that they were in actual occupation of the land and that the interest of the appellant is subject to their right to possession and occupation under section 30 (g) of the now repealed Registered Land Act. As an alternative plea, they averred that the title of the appellants was obtained by fraud, citing an alleged failure to obtain consent of the relevant Land Cont…