PETER KIPKURUI CHEMOIWO V. RICHARD CHEPSERGON

JUDGMENT OF THE COURT

This is an appeal against the decision of the Environment and Land Court (Odeny .J) dismissing the appellant’s appeal for want of prosecution.

Briefly, the appeal emanates from a dispute over the ownership of Parcel No. Baringo/Kapropita/283 (the suit land). Richard Chepsergon, the respondent herein filed suit in the Senior Resident Magistrate’s Court (SRM) at Kabarnet and named Peter Kipkirui Chemoiwo, the appellant herein as the defendant. In the suit, the respondent alleged that in 1985, he became the absolute proprietor of the suit land pursuant to a transmission from his deceased grandfather; that upon his grandfather’s demise in 1985, one Kibet Chemoiwo encroached the suit land by moving the boundary of the plot by approximately 37 meters and illegally caused the relevant Registry Index Map to be changed. The respondent lodged a complaint before the Lands Office and the Land Registrar ruled that the amendment of the Registry Index Map was not lawful and order…