[2017] KEELC 134 (KLR)
The court found that the plaintiff lawfully acquired the suit land, Eldoret Municipality/Block 20 (Kapyemit) 195, through a valid grant of letters of administration and subsequent transfer and registration in his name. The defendants, having no legal or equitable interest in the property, acted unlawfully by...
Source-derived case information.
- Citation
- [2017] KEELC 134 (KLR)
- Parties
- Plaintiff: Jackson A. Arap Chumo; Defendant: William Malakwen Cheruiyot; Defendant: Samwe Kiptoo Rongoei; Defendant: Daniel Kungu Onyango; Defendant: David Odhiambo; Defendant: Solomon Futwa; Defendant: Sedric Weine; Defendant: Vincent Odhiambo; Defendant: Willy Mbithi; Defendant: Mbugwa Thuo; Defendant: Damaris Iminza Mwilitza; Defendant: Scolastica Wangare Gathuru; Defendant: Magrate Wanjiru Gatengu; Defendant: Rose Mumbi Kanyali
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 586 of 2012
- Procedural Posture
- Land and Environment Case / Judgment
- Outcome
- Judgment for the plaintiff.
- Judges
- MAO Odeny
- Legal Topics
- Title to Land, Eviction, Permanent Injunction, Letters of Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Jackson A. Arap Chumo
Plaintiff
William Malakwen Cheruiyot
Defendant
Samwe Kiptoo Rongoei
Defendant
Daniel Kungu Onyango
Defendant
David Odhiambo
Defendant
Solomon Futwa
Defendant
Sedric Weine
Defendant
Vincent Odhiambo
Defendant
Willy Mbithi
Defendant
Mbugwa Thuo
Defendant
Damaris Iminza Mwilitza
Defendant
Scolastica Wangare Gathuru
Defendant
Magrate Wanjiru Gatengu
Defendant
Rose Mumbi Kanyali
Defendant
Procedural Posture
Land and Environment Case / Judgment
Legal Issues
- 1 Whether the plaintiff is the lawful owner of Eldoret Municipality/Block 20 (Kapyemit) 195.
- 2 Whether the defendants have any legal right to occupy or interfere with the suit land.
- 3 Whether the plaintiff is entitled to a permanent injunction and eviction orders against the defendants.
Ratio Decidendi
The court found that the plaintiff lawfully acquired the suit land, Eldoret Municipality/Block 20 (Kapyemit) 195, through a valid grant of letters of administration and subsequent transfer and registration in his name. The defendants, having no legal or equitable interest in the property, acted unlawfully by interfering with the plaintiff's occupation and by purporting to sell portions of the land. The plaintiff's title was not impeached for fraud or illegality, and he is entitled to exclusive possession. The court held that the plaintiff had established a prima facie case and was entitled to the reliefs sought, including a permanent injunction and eviction of the defendants from the suit...
Court Disposition
Judgment for the plaintiff.
Orders
- A permanent injunction is issued restraining the defendants, their agents, or servants from interfering in any manner with the plaintiff’s occupation of Eldoret Municipality/Block 20 (Kapyemit) 195.
- The defendants are to be evicted from Eldoret Municipality/Block 20 (Kapyemit) 195.
Full Case Text
Judgment text and source record
38 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT ELDORET
ELC NO. 586 OF 2012
JACKSON A. ARAP CHUMO.......................................PLAINTIFF
VERSUS
WILLIAM MALAKWEN CHERUIYOT............1ST DEFENDANT
SAMWE KIPTOO RONGOEI.............................2ND DEFENDANT
DANIEL KUNGU ONYANGO.............................3RD DEFENDANT
DAVID ODHIAMBO.............................................4TH DEFENDANT
SOLOMON FUTWA..............................................5TH DEFENDANT
SEDRIC WEINE....................................................6TH DEFENDANT
VINCENT ODHIAMBO.......................................7TH DEFENDANT
WILLY MBITHI....................................................8TH DEFENDANT
MBUGWA THUO..................................................9TH DEFENDANT
DAMARIS IMINZA MWILITZA.....................10TH DEFENDANT
SCOLASTICA WANGARE GATHURU...........11TH DEFENDANT
MAGRATE WANJIRU GATENGU...................12TH DEFENDANT
ROSE MUMBI KANYALI..................................13TH DEFENDANT
JUDGMENT
INTRODUCTION
1. There be a permanent injunction against the defendants restraining them whether acting by themselves or agents or servants or anybody acting under their instructions from interfering in any manner with the plaintiff’s occupation of ELDORET MUNICIPALITY/BLOCK 20 (KAPYEMIT) 195 and the defendants be evicted from the said parcel of land.
2. Costs and interests.
That he currently resides in Kipkaren Salient within Nandi County of the Republic of Kenya
The suit parcel of land initially belonged to his step mother M/s Jebwambok Tapkili Ranyei (Deceased) who died in 1983.
He stayed with the deceased person in the disputed parcel of land until she demised.
Before she died she had expressed her wish to give him the same parcel of land and to go and live in the one at Kipkaren Salient and while they were in the process of formalizing that she died in a suspicious manner.
The disputed parcel of land is Eldoret Municipality/Kapyemit/195) near Kapsaos area) measuring 10. 4 acres.
The deceased person obtained a title deed for the said suit land and gave to his mother for safe keeping.
One of his step brother was claiming the said parcel of land and swore to do anything possible to take the said land.
After the death of the said lady he applied for Letters of Administration to distribute the estate of the deceased Jebwambok Tapkili Ranyei and was given which later it was confirmed through certificate dated 4. 12. 2006 and he transferred the ownership of the land to himself and obtained a title-deed.
Meanwhile, Mr. William Malakwen Cheruiyot sold to third parties part authority to do so. He sold 2. 4 acres to other people claiming that the land belongs to him.
He filed a suit at the Eldoret High Court NO. 103 of 2007 now Eldoret E&L no. 352 of 2012.
The court ruling was given in his favour and a court order was issued to put an injunction to all the Defendants from interfering with the said parcel of land.
He wish this dispute to be dealt with as fast as possible to enable him used the said suit land.
He wants to ask the court to give him the said parcel of land and the stranger in the land to be removed to leave vacant possession of the land. He also prays for costs.
Dated and delivered at Eldoret on this 18th day of July, 2017.
M.A ODENY
JUDGE