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Titus Kuto Kipungar v. Selina Tamining, Pius Rotich, Musa Koskei & James Kipyego

(2019) JELR 95265 (CA)

Court of Appeal  •  Civil Appeal 7 of 2017  •  25 Jul 2019  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

Background

1. The appellant, Titus Kuto Kipungar (Titus), was the plaintiff before the Environment and Land Court (ELC) wherein he sought for an order of eviction of Selina Tamining (Selina), the 1st respondent, Pius Rotich (Pius) the 2nd respondent, Musa Koskei (Musa), the 3rd respondent and James Kipyego (James) the 4th respondent (collectively referred to as respondents) from a portion of the property known as LR No West Pokot/Siyoi/263 (the suit property). In his amended plaint filed on 20th January, 2015, the appellant described himself as the administrator of the estate of his father, the late Kipungar Chepkat Kipsoen who was also known as Sangara Chepkati (Sangara) and the registered proprietor of the suit property. He claimed that in April 2010, the respondents entered onto a half acre portion of the suit property without any colour of right, constructed houses on it, and refused to move out of the suit property despite being asked to do so. He urged the co…

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