WILLIAM KIPSOI SIGEI V. KIPKOECH ARUSEI & JOHN TUNGE

JUDGMENT OF THE COURT

BACKGROUND

1. William Kipsoi Sigei, the appellant herein, was sued by Kipkoech Arusei and John Tunge, the 1^st and 2^nd respondents respectively in the Chief Magistrate’s Court at Eldoret. By an amended plaint dated 27^th April, 2007 the 1^st respondent alleged that he was the owner of plots 171,172,173,174 and 175 located in Kesses Township, having purchased the plots from the appellant by way of an agreement entered into between himself and the appellant on 19^th March 1991. The 1^st respondent claimed that he paid the appellant the agreed purchase price, took possession and ownership of the plots and enjoyed quiet possession of the property. At some point in 2003, the 1^st respondent sold plot number 171 to the 2^nd respondent, who started to develop it. However, the appellant interfered with the 2^nd respondent’s quiet enjoyment and occupation of the property which prompted the respondents to file suit, seeking a permanent injunction restraining the appellant from inter…