[2019] KEELC 2817 (KLR)
The court found that there was an error apparent on the face of the record because the substituted plaintiff, Geoffrey Kiprotich Ruto, had not produced the grant of letters of administration intestate at the time of testifying. Upon review, the court confirmed that the grant had been issued, thereby conferring...
Source-derived case information.
- Citation
- [2019] KEELC 2817 (KLR)
- Parties
- Plaintiff: Kimoi Cheruiyot (substituted by Geoffrey Kiprotich Ruto); Defendant: Johana Sawe Arap Biwot; Defendant: Chepkangor Kigen alias Chepkangoro Kigen Cherutich
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 953 of 2012
- Procedural Posture
- Review Application / Ruling on Application for Review and Setting Aside of Judgment
- Outcome
- Application for review allowed; judgment reviewed and orders issued in favour of the plaintiff.
- Judges
- A Ombwayo
- Legal Topics
- Capacity of Parties, Letters of Administration, Declaration of Ownership, Eviction Orders, Trespass, Review of Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kimoi Cheruiyot (substituted by Geoffrey Kiprotich Ruto)
Plaintiff
Johana Sawe Arap Biwot
Defendant
Chepkangor Kigen alias Chepkangoro Kigen Cherutich
Defendant
Procedural Posture
Review Application / Ruling on Application for Review and Setting Aside of Judgment
Legal Issues
- 1 Whether there was an error apparent on the face of the record regarding the plaintiff's capacity to sue.
- 2 Whether the plaintiff is entitled to a declaration of ownership of parcel number Uasin Gishu/Elgeyo Border/219.
- 3 Whether the defendants have trespassed on the suit land and should be evicted.
Ratio Decidendi
The court found that there was an error apparent on the face of the record because the substituted plaintiff, Geoffrey Kiprotich Ruto, had not produced the grant of letters of administration intestate at the time of testifying. Upon review, the court confirmed that the grant had been issued, thereby conferring capacity on the plaintiff to maintain the suit. Consequently, the court reviewed its earlier judgment and granted a declaration that parcel number Uasin Gishu/Elgeyo Border/219 is the property of the plaintiff. The court further found that the defendants had illegally trespassed on the land and issued an order of eviction against them, their agents, or servants, with a 30-day notice...
Court Disposition
Application for review allowed; judgment reviewed and orders issued in favour of the plaintiff.
Orders
- Declaration that parcel number Uasin Gishu/Elgeyo Border/219 is the property of the plaintiff.
- Order that the defendants have illegally trespassed on the said parcel of land.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA AT ELDORET
E & L CASE NO. 953 OF 2012
[Formerly Eldoret Hccc No. 37 of 2010]
KIMOI CHERUIYOT.............................................................................................PLAINTIFF
VERSUS
JOHANA SAWE ARAP BIWOT.................................................................1ST DEFENDANT
CHEPKANGOR KIGEN alias
CHEPKANGORO KIGEN CHERUTICH................................................2ND DEFENDANT
RULING
The plaintiff prays that this honourable court be pleased to review and set aside its judgment dated and delivered on 7. 12. 2018, upon granting the orders that it deems fit to grant. The application is grounded on fact that there is a mistake occasioned which is apparent on record and that the application has been made without unreasonable delay.
This court finds that there is an error apparent on the face of record as Kimoi Cheruiyot is deceased and was substituted by Geoffrey Kiprotich Ruto who testified in this matter but did not produce the grant of letters of administration intestate. I have seen the grant of letters of administration intestate and do find that the plaintiff had capacity in the matter. I do review judgment and do grant a declaration that parcel number Uasin Gishu/Elgeyo Border/219 is the property of the plaintiff and an order that the defendants have illegally trespassed on the said piece of parcel of land and hence the order of eviction be issued against the defendants both jointly and severally, their agents or servants evicting them from the said parcel of land. The plaintiff to give notice of 30 days before eviction.
I do find that general damages have not been proved. Costs to the plaintiff. Orders accordingly.
Dated and delivered at Eldoret this 30th day of May, 2019.
A. OMBWAYO
JUDGE