RULING
1. By consent, the parties have agreed as follows;
a) The pre-dominant issue for determination is the authenticity of the titles held by the 1st Plaintiffs, 2nd Plaintiff and the 29th – 32nd Defendants
b) Consequently therefore, it is important that the Court does make a finding on which title between the 1stPlaintiff, 2nd Plaintiff and 29th 32nd Defendant title is legitimate and lawful.
c) To assist the Court make this determination, the parties have agreed that PW3 be stood down further.
d) Instead the 10th and 11th Defendants to testify and produce their documents on who is the legitimate and lawful owner of the suit property.
e) The 1st Plaintiff, 2nd Plaintiff and the 29th – 32nd Defendants will be at liberty to cross-examine the 10th and 11th Defendants.
f) Thereafter, the Plaintiff will be at liberty to continue with the evidence of PW3 if need be and close their case.
g) Similarly, the 29th to 32nd Defendants will be at liberty to call their witnesses and prosecute their case if need be.
h) Thereafter, the Court will retreat to write a partial judgement on who among the 1st Plaintiff, 2nd Plaintiff and the 29th – 32nd Defendant hold a legitimate title.
i) Consequently, the 10th and 11th Defendants case will be heard on 29.04.2026 and 30.04.2026.
j) In the meantime, the 10th and 11th Defendants will confirm their client attendance on 02.03.2026.
k) Lastly, the matter is taken out of the hearing list for 29.01.2026.
IN THE PRESENCE OF;
Court Assistant: Brian
Plaintiff: Mr. Cheruiyot for 1st Plaintiff
2nd Plaintiff (deceased)
Defendant: Mr. Asseso and Mr. Ngigi for 1st – 9th and 17th -18th Defendants
Ms. Cheruiyot for the 10th Defendant
Ms. Sielei holding brief Ms. Tum for the 12th Defendant
Isiji for 29th – 32nd Defendants
Mr. Kipnyekwei for the 19th Defendant
Mr. Maiyo for the 14th Defendant
Mr. Kagunza for the 28th Defendant
Ms. Obino for the 11th Defendant
Mr. Muhoro for the 22nd Defendant
Mr. Songole for 24th Defendant
C.F Otieno for the 25th Defendant
| ELC.941 of 2012 RULING2 |