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Talalei Kiptenai v. Teresa Chebichi Rutoo (Administratrix of the Estate of the Ernest Kimaiyo)

(2019) JELR 94892 (CA)

Court of Appeal  •  Civil Appeal 88 of 2016  •  7 Mar 2019  •  Kenya

Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed



[1] This is an appeal from the Judgment of the Environment and Land Court (Obwayo, J) in which the respondent’s claim of 36 acres from land title No. Eldoret Municipality/Block 21 (King’ong’o) (suit land) registered in the name of the appellant was allowed. In addition, that court granted a permanent injunction restraining the appellant from encroaching on or dealing with the 36 acres and decreed that the register in respect of the suit land and the resultant parcels nos. 2382 – 2466 be cancelled.

[2] On 15th November, 2013, the respondent filed a suit as an adminsitratrix of the estate of Ernest Kimaiyo (deceased) in which she averred, inter alia, that she and her sister Tecla Cherono Rutto and her brother Philip Kiptoo Maiyo are the beneficiaries of 28 acres of the suit land measuring 72 acres being the portion legally owned by the deceased; that Zipporah Tapletgoi (Zipporah), the mother of the deceased also owned 20 acres out of the suit land; that after Zippora…

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