JANE JEPTOO SAWE V. ESTATE OF SYSVESTER KIMAGUT SANG REPRESENTED BY JENNIFER CHEBET SANG

JUDGMENT OF THE COURT

[1] This is an appeal from the Judgment and decree of the Kitale Environment and Land Court (ELC) (Obaga, J.), allowing the respondent’s suit against the appellant. The substantive reliefs granted against the appellant were a declaration that the late Sylvester Kimagut Sang is the sole registered owner of land title No. Kaplamai/Kachibora Block 2/Mateket/95, eviction order and a permanent injunction restraining the appellant from interfering with the land.

[2] The appellant is the widow of Gideon Kiplangat Bore who died on 30^th June, 2005. The deceased was the registered proprietor of land title No. Kaplamai/Kachibora Block 2/Mateket/103 comprising of about 16 acres.

The Respondent is the widow of Sylvester Kimagut Sang who died on 13^th January, 2011. He was the registered proprietor of land Title Kaplamai/Kachibora Block 2/Mateket/95 comprising of 3.197 Hectares said to be about 8 acres.

[3] On 28^th September 2012, the respondent as a personal representative of her …