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Francis Sirma Kios v. Kibore Sigilai

(2013) JELR 105482 (CA)

Court of Appeal  •  Civil Application 50 of 2013 (UR 30/2013)  •  18 Oct 2013  •  Kenya

William Ouko, Jamila Mohammed, Kathurima M'inoti



This application arises from the disputed ownership of a parcel of land known as WASEGES/NYAMAMITHI BLOCK 4/57 (the suit property). The parcel is situated in Subukia, Nakuru County and is said to measure approximately 4.46 hectares. The present litigants are administrators of the estates of their respective deceased fathers, who started off this dispute which their sons inherited and are now actively continuing.

The short background to the application is that Kipkios arap Sijo (deceased), the father of the applicant herein and Kibore Sigilai (deceased), the father of James Kipkoros arap Murgor, the substituted respondent herein, were both shareholders of Ogilgei Farm Company Limited. By virtue of their shareholding, each was entitled to 10 acres of the farm. The actual parcel of land to be allocated to a member was to be determined by a balloting system. That system entailed preparation of a subdivision map in which the farm was parceled into numbered 10 acre plots. …

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