RULING
1. It is clear that the property known as Chepsiro/Kibuswa Block 2/Kemeloi/309 was registered in the name of a deceased person.
2. The estate of the registered owner did succession and have the original property Chepsiro/Kibuswa Block 2/Kemeloi/309 sub-divided into 529, 530 and 531.
3. In this matter, the Plaintiff is seeking an Order to nullify the Order of Confirmation of the Grant and the of the sub-divisions created thereof.
4. This Court is of the view that it does not have jurisdiction to nullify and/or cancel the Confirmed Grant that created the three sub-division by the Defendant.
5. Consequently, this file is transferred to the High Court to consider whether there are any grounds why the Confirmed Grant and particularly the decision to sub-divide Plot No. Chepsiro/Kibusaw Block 2/Kemeloi/309 should be set-aside or not.
6. The matter will be mentioned on 12.03.2026 before the Presiding Judge High Court Eldoret for further direction.
7. The Plaintiff Counsel will serve a Mention Notice on the Defence Counsel within 7 days from today’s date.
8. The Deputy Registrar Eldoret to ensure the transfer is done before the next Mention date.
IN THE PRESENCE OF;
Court Assistant: Brian
Plaintiff: Mr. Wafula for the Plaintiff
Defendant: Mr. Miyienda for 1st – 3rd Defendants
| ELC.14 of 2016 RULING2 |