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Joyce Chebichy Kimosop v. Eliud Kipchoge Sugut, Brimin Kipruto Kiprop, Felex Kipchoge Langat, Peter Kipsigei Sang & Daniel Kipngetich Komen

(2017) JELR 100522 (CA)

Court of Appeal  •  Civil Appeal 51 of 2013  •  25 May 2017  •  Kenya

Coram
Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

1. This appeal arises from a ruling and order of the High Court at Eldoret, (F. Azangalala, J.) given on 14th November 2012 dismissing the appellant’s motion for a temporary injunction “to restrain the respondents from entering, dealing or in any other way interfering with that parcel of land known as South East of Eldoret Municipality LR No. 8638/26, LR No. 98675...pending the hearing and determination of the suit...”

Background

2. The appellant commenced suit against the respondents before the High Court at Eldoret by way of Originating Summons (OS) dated 12th April 2012. Citing Section 17 of the Married Women’s Property Act, Article 45(3) of the Constitution, Section 6(1) of the Land Control Act and the Registration of Titles Act,the appellant sought determination by the court of the questions: whether a transaction involving a property situated in South East of Eldoret Municipality known as LR No. 8638/26 (I.R No. 98675), the property which she described as fami…

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