WILLIAM KIPTARBEI KORIR, PETER KIPSAT LELEI, SUSAN KEMEI, NIXON KIPCHUMBA, DAVD BUTTY, WILLIAM BUTTY & DINAH KORIR V. DANSON MUNIU NJERU

JUDGMENT OF THE COURT

[1] This is an appeal from the Judgment and decree of the Environment and Land Court, (Munyao Sila, J.) allowing the respondent’s suit; granting an order of eviction against the appellants from land title No. Cheptiret/Cheplaskei Block 3 (Sertwet)/103 and dismissing the appellants’ counter-claim with costs.

[2] On 29^th July, 2004, the respondent as the legal representative of the estate of James Gachobe Njeru, who died on 3^rd August 1995, filed a suit against the appellants herein claiming that the appellants have been in illegal occupation of Land Title No. Cheptiret/Cheplaskei Block 3/Sertwet/103 since 1994 and sought an order of permanent injunction, eviction, mesne profits and costs.

The evidence tendered at the trial showed that Nixon Kipchumba, (4^th appellant) is the son of William Kiptarbei Koros – 1^st appellant while Dinah Korir, the 7^th appellant is the wife of the 1^st appellant.

The evidence also showed that Susan Kemei (3^rd appellant) is the mother-in-law …