PHILIP KIPKORIR SAMICH ROBERT, KIPKEMBOI KIRUI LABAN CHERUIYOT & TANAN KIPKURUI YEGO V. THOMAS KIPLEL SUM

RULING

Before me is an application brought by the applicants by way of Notice of Motion principally under the provisions of Rule 4 of the Court of Appeal Rules. The brief background of the matter is that the applicants were sued by the respondent in the High Court. The respondent sought for an order inter alia that he be declared as the registered owner of land parcels, Uasin Gishu/Tapsagoi Settlement Scheme/ 929, 981 and 982, and the applicants be evicted from the suit land. The matter was heard by Munyao, J., and by a judgment delivered on 7^th November, 2013, the respondent's suit was allowed in the following terms;

"On the whole and given the circumstances surrounding this case, I make the following final orders;-

a. That a declaration is hereby issued that the plaintiff is the registered owner of the land parcels Uasin Gishu/ Tapsagoi Settlement Scheme 929, 981, and 982 and the defendants have not demonstrated any right to occupy the said parcels of land.

b. That the defendants do vac…