Skip to content
JudgmentEDWARD K MISOI VS FRANCIS K. MISOI2 min read

EDWARD K MISOI VS FRANCIS K. MISOI

Environment and Land Court at Eldoret Environment and Land Court · · E. M. WASHE, J

JUDGEMENT

Based on the issues before the Court, the facts have been noted as follows;

  1. The original property known as L.R NO.8405/1 measuring 730 acres was registered in the names of KIMISOI BARGORIA and GANGJI MULJI PATEL in the ratio of 1/3 and 2/3 respectively.
  2. The co-owner Kimisoi Bargoria died in 1970 while the property was charged to financial institution.
  3. The late Kimisio Bargoria had four children namely Laban Kiptanui Misoi, Francis Kiptum Misoi, Jane Cheptarus Kimaiyo and Alice Chepkemboi Kibos.
  4. Later on, through an Agreement for sale dated 20.04.1971, between Gangji Mulji Patel & Laban Misoi, the 2/3 was acquired by Laban Misoi.
  5. In 1978, the 1/3 share of Kimisoi Bargoria was vested in the names of Sarah Kimisoi and Laban Kiptanui Misoi in trust for the beneficiaries.
  6. In the same year, the 2/3 portion owned by Gangji Mulji Patel was transferred to Laban Kiptanui Misoi & Francis Kiptum Misoi as tenants in common on equal shares.
  7. However on 13.04.1995, Laban Kiptanui Misoi proceeded to sub-divide the entire L.R NO.8405/1 into five portions namely L.R KIPLOMBE/KUINET BLOCK 9 (Asmara)/1, 2, 3, 4, & 5.
  8. Currently the five portions are registered as follows;
  9. Block 9(Asmara)/1 – Edward Kipkemboi Misoi
  10. Block 9(Asmara)2 – Allen Kiprotich Misoi
  11. Block 9(Asmara)3 – Jimmy Kipkoech Misoi
  12. Block 9(Asmara)4 – Albert Kipkemei Misoi
  13. Block 9(Asmara)5 – Francis Kiptum Misoi

The parties have by consent agreed to resolve the matter in the following manner;

  1. The five sub-divisions namely L.R KIPLOMBE/KUINET BLOCK 9(ASMARA)/1-5 be and are hereby cancelled forthwith and the Registers closed within 14 days.
  2. The original property known as L.R 8405/1 measuring approximately 730 acres be reconstructed and its records reinstated within 30 days.
  3. The Land Registrar Uasin Gishu and the County Land Surveyor are directed in consultation with the beneficiaries of the Late Kimisoi Bargoria to identify and demarcate the 1/3 portion belonging to the estate of Kimisoi Baragoria and 2/3 that belongs to Gangji Mulji Patel within 60 days.
  4. Thereafter, the Land Registrar Uasin Gishu is directed to sub-divide the original L.R NO.8405/1 into two portions which the 1/3 portion will be registered in the names of Laban Kiptanui Misoi, Francis Kiptum Misoi, Jane Cheptarus Kimaiyo and Alice Chepkemboi Kibos in equal shares as tenants in common and issued with its own title
  5. The second portion of 2/3 be registered in the names of Francis Kiptum Misoi and Laban Kiptanui Misoi as tenants in common with equal shares and issued with its own title.
  6. Any party is at liberty to apply.


IN THE PRESENCE OF;

Court Assistant: Brian

Plaintiff: Mr. Bitok for 1st and 2nd Plaintiff

Defendant: Mr. Sambu and Ms. Kaiyeli for the Defendant

    EDWARD K MISOI VS FRANCIS K. MISOI EDWARD K MISOI VS FRANCIS K. MISOI