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Samuel Kisang Cheboi, Gilbert Kipkoech Tolgos & David Yano Cheboi (suing as trustees of Marakwet Chepsiro Investment Group) v. Elisha Kipleting Murei, Thomas Kipkorir Koech, Noah Kirwa Chuma, Obadiah Kimutai Saina & Wilson Kipkemoi Busienei (sued in their personal capacity and on behalf of Loima Multipurpose Co-operative Society/Group

(2016) JELR 95266 (CA)

Court of Appeal  •  Civil Appeal 98 of 2015  •  28 Oct 2016  •  Kenya

Coram
Fatuma sichale, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

1. This is an appeal from a ruling of the Environment and Land Court at Kitale (E. Obaga, J) delivered on 22nd June 2015 in Environment and Land Case No. 110 of 2013 dismissing the appellants’ application for leave to re-open its case before the trial court and for amendment of its plaint.

Background

2. In their plaint presented to the Environment and Land Court at Eldoret on 6th June 2013, the appellants sought a declaration that they are the legal owners of a property known as L.R. NO. 4366 situated in the South East of Kitale in Trans-Nzoia County measuring approximately 1282.01 hectares (“the property”); for an order for the eviction of the respondents from that property on the basis that they had trespassed on it and for a permanent injunction to restrain them from interfering with the property or trespassing upon it.

3. In their statement of defence filed on 13th November 2013, the respondents denied that the appellants are the registered owners of the property…

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