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

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 22^nd 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 6^th 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 13^th November 2013, the respondents denied that the appellants are the registered owners of the property…