NGURUMAN LIMITED V. SHOMPOLE GROUP RANCH & OL KIRAMATIAN GROUP RANCH

RULING OF NAMBUYE, JA

1. The litigation before us has its roots in two suits. In Kericho HCCC No. 65 of 2009 the applicant herein, Nguruman Limited, was named as the plaintiff while the respondents, Shompole Group Ranch, Moshila Ole Mataiyan, Nkoitiko ole Napiriya and Turanaole Kumari, were named as the 1st, 2nd, 3rd and 4th defendants, whereas in Kericho HCCC Ol Kiramatian Group Ranch, Mointi Lemarora Nkoyoko , Albert Ole Lenana and Mugesa Ole Lenana, were named as the 1st, 2nd, 3rd and 4th defendants respectively. Various reliefs were sought against both sets of (defendants) respondents.

2. The two suits were consolidated and heard together, giving rise to the Judgment of Ang’awa, J. dated and delivered at Kericho on the 2nd day of December, 2009, whereby the learned Judge made orders, inter alia, that the Judgment was in respect of original file number HCCC 145 of 2001 and HCCC 146 of 2001 then Kericho HCCC 65 of 2009 and 66 of 2009 as consolidated; an order of eviction was to issue …