LONTEBES GROUP RANCH V. KIPKEMOII ARAP MENDERA

JUDGMENT OF THE COURT

Kipkemoi arap Mendera, the respondent in this appeal, did not appear either in person or by an Advocate although he was served with the hearing notice. So we only heard submissions from Mr. Kahiga, Advocate for Lontebes Group Ranch, the appellant in this appeal.

In 1992 the appellant filed a suit in the superior court against the respondent seeking, among other reliefs, an order for the ejectment of the respondent from a parcel of land No. Narok/CIS-Mara/Lemek/129 (the suit land) and damages for trespass. The appellant is the registered proprietor of the suit land. It was alleged by the appellant that the respondent had entered into the suit land without the appellant's consent and against its will and had committed therein acts which caused damage to the appellant.

In his defence filed on 27th October, 1992, the respondent denied being a trespasser and averred that the suit land was a group land held by the appellant under section 7 of the Land (Group Representativ…