PENROSE SHISALA NAMISI V. COUNTY GOVERNMENT OF TRANS-NZOIA,COUNTY PUBLIC SERVICE BOARD OF TRANS-NZOIA,RATILAL GOSAR GODHIA,VIPUL RATILAL & AVIR KANTI SHAH

JUDGMENT OF THE COURT

[1] By a plaint dated 8^th June 2015, in Kitale Environment and Land Court (ELC) Civil Suit No. 79 of 2015 Penrose Shilasala Namisi (appellant) filed a plaint in the ELC at Kitale in which she sued the County Government of Trans Nzoia (1^st respondent), County Public Service Board of Trans-Nzoia (2^nd respondent), Ratilal Gosar Godhia (3^rd respondent), Vipul Ratilal (4^th respondent) and Avir Kanti Shah (5^th respondent).

[2] The subject of the appellant’s suit was a property known as Kitale Municipality/Block 7/20 (herein the suit property). The appellant claims that she was married to one Benjamin Nyamumbo Oonge (Benjamin), and that during the subsistence of the marriage she acquired the suit property jointly with Benjamin, though the property was solely registered in the name of Benjamin. She filed ELC 79/2015 because Benjamin had secretly and fraudulently entered into an agreement to sell the suit property to the 3^rd, 4^th and 5^th respondents, who had in turn transfe…