RICHARD KIPKEMEI LIMO V. HASSAN KIPKEMBOI NGENY, LAND REGISTRAR €“ UASIN GISHU, CHIEF LAND REGISTRAR, ELDORET MUNICIPAL COUNCIL & ATTORNEY GENERAL

JUDGMENT OF THE COURT

1. The suit property in this matter is Eldoret Municipality Block 7/178. Both the appellant and the 1^st respondent claim title and ownership of the property. Both have title documents to the property. The trial Judge in a judgment delivered on 9^th February 2018 upheld the title of the 1^st respondent and cancelled the instrument of title held by the appellant. Aggrieved, the appellant has lodged the instant appeal to this Court.

BACKGROUND FACTS

2. By an amended Petition filed on 10^th December 2013 before the trial court, the appellant avows that he is the registered proprietor of the suit property. That he purchased the same in December 2003 from the then registered proprietor and acquired a Lease Title in February 2004. He averred that in mid July 2012, he came to learn that the 1^st respondent had a Lease Title over the same parcel of land. That the 1^st respondent unlawfully and fraudulently acquired that other title to the suit property.

3. One Enock Kibiwott Kipta…