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JudgmentFLORENTINA CHEMASUNDE MWEI AND PHILIP MWEI METTO VS LAZARUS KERICH1 min read

FLORENTINA CHEMASUNDE MWEI AND PHILIP MWEI METTO VS LAZARUS KERICH

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

RULING

  1. Based on the above submissions, it is clear that there is a dispute on the ownership and occupation of the 10 acres within L.R No.11218/2 between the parties.
  2. The Applicant states that there are entitled to the possession and use of this portion of land.
  3. On the other hand, the Respondents state that they also have been in possession and use of the portion of land measuring 10 acres until recently when the Plaintiff unlawful took possession.
  4. The Respondent have nevertheless stated that if the Plaintiff are in any possession, such possession can not exceed 2 acres which is ideally the portion which has some homestead.
  5. It is important that the subject matter of this litigation which is the 10 acres within L.R No.11218/2 must be preserved.
  6. In instances where possession and use is at the center of the dispute, the fair decision is that both parties should be refrained from using, occupying and/or gaining any benefit from the same as this would amount to stealing a match from the other party.
  7. Consequently, this court hereby makes the following orders as to the application dated 21st January, 2025;-
  8. The Plaintiffs are granted possession and occupation of only 2 acres within L.R No.11218/2 for their homestead pending the hearing and determination of this suit.
  9. The Plaintiffs and the Defendant are hereby prohibited by way of injunction from using, ploughing, cultivating, planting and/or in any other way using the remaining 8 acres which are within the 10 acres in dispute on the property known as L.R. 11218/2 pending hearing and determination of this suit.
  10. Each party will bear own costs in this application.

DATED, SIGNED & DELIVERED Virtually in Eldoret  ELC Court on 13TH  FEBRUARY 2025.

IN THE PRESENCE OF;

Court Assistant: Brian

Counsel for Plaintiff Ms. Salim Holding brief for Moitich for the Plaintiff

Counsel for Defendant: Ms. Chebich holding brief for Mr. Yego for Defendant

    FLORENTINA CHEMASUNDE MWEI AND PHILIP MWEI METTO VS LAZARUS KERICH FLORENTINA CHEMASUNDE MWEI AND PHILIP MWEI METTO VS LAZARUS KERICH