JOSEPH KIPKOECH CHEMOR V. KIMAIYO CHEMOR & BARNABA CHUMO CHEMOR

JUDGMENT OF THE COURT

On 25^th September, 2014, the Environment and Land Court (Munyao Sila, J.) sitting in Eldoret, declared that the land title for LR. No. Moiben/Moiben Block 9 (Barsombe) 319 (the disputed land), measuring approximately 4.91 Hectares (about 12.3 Acres), belonged to the estate of the late Chemor Chesigari Koibelel (deceased), and not to the registered proprietor, Joseph Kipkoech Chemor, who is the appellant before us. The court went further and issued an injunction barring the appellant from dealing with the disputed land, and an order for the appellant to discharge a loan encumbrance held by the Agricultural Finance Corporation (AFC).

In making the declaration and orders, the learned Judge found that the appellant had obtained the Title Deed through fraud and therefore the provisions of section 143 of the Registered Land Act (RLA) (now repealed) and section 26 of the Land Registration Act (LRA), No. 3 of 2012, were applicable. Before us, the appellant challenges all t…