SHADARACK KIBOR TABOT V. SAMUEL KIPKOECH LAGAT

JUDGMENT OF THE COURT

This appeal arises from a long standing dispute between the parties herein but after consideration of the dispute it will emerge that the dispute can be narrowed down to whether the respondent bought or leased the land in dispute. It may be appropriate to trace the dispute to the pleadings in the superior court. The appellant herein, SHADRACK KIBOR TABOT, sued the respondent SAMUEL KIPKOECH LAGAT, in the superior court vide High Court (Eldoret) Civil Case No. 81 of 1991. The pertinent paragraphs of the plaint were as follows:-

“3. By a ruling in Kapsabet RM Land Case No. 7 of 1988 the plaintiff’s names were struck off the registers of land parcels Nos. Nandi/Mutwot 489 and 521.

4. Subsequent to the aforesaid action the parcels were subdivided into land parcels Nos. Nandi/Mutwot/590 and 592.

5. By the Eldoret High Court Civil Appeal NO. 430 of 1989, the lower court’s ruling in Land Case No. 7/88 was reversed.

6. The plaintiff’s claim against the defendant is for an or…