DEVISHI KARSAN VARSANI VS ELISHA BUSIENEI AND TITO KIBIWOT YAGAN AND 3 Others

RULING

1. This is an old matter having been filed in the year 2012.
2. It has mutually been agreed by all parties that the suit property has two first registrations which are between the late 2^nd Plaintiff and the 29^th – 32^nd Defendants.
3. It is the Court’s view that to enable finalize this matter, the issues for determination should be dealt with on the pre-dominant principle.
4. It is the Court’s view that the pre-dominant issue is to determine who among the two first registered owners held the legitimate title.
5. Thereafter, those that will be found to be holding illegitimate titles will have the option of seek compensation from the 10^th Defendant and/or 11^th Defendant who issued the verification documents.
6. It is therefore agreed that the pre-dominant issue be heard and determined first.
7. The 1^st and 2^nd Plaintiff, the 29^th – 32^nd Defendants, the 10^th and 11^th Defendants will have a pre-trial on 23^.07.2025 to confirm the pleading to be relied upon, the witnesses to be called the documents to produced and thereafter, a hearing will be fixed.

IN THE PRESENCE OF;

Court Ass: Brian

Plaintiff: Mr. Cheruiyot for 1^st Plaintiff

  2^nd Plaintiff (deceased)

Defendant: Mr. Aseso for 1^st – 6^th, 8^th and 9^th, 18^th and 20^th Defendants

  Mr. Asseso holding brief for Mr. Isiji for 29^th – 32^nd Defendants

  Ms. Ngeywo holding brief Mr. Sangole for 24^th Defendant

  Ms. Rop for 16^th Defendant

C.F Otieno for 25^th Defendant

Ms. Tum for 12^th Defendant

Mr. Muhoro for 22^nd Defendant

Mr. Kipnyekwei for 19^th Defendant

Mr. Maiyo for 14^th Defendant

Ms. Obino for 11^th Defendant