GRACE JERUTO KAMUREN AND SILAS TOWETT KAMUREN VS ISAAC LESERE YEGO AND EDWIN TIROP MUTAI AND 4 Others

JUDGEMENT

By consent, the suit herein is hereby settled in the following terms;

1. The Plaintiffs are the lawful legitimate and registered owners of the property known as L.R ELDORET MUNICPALITY BLOCK 13/150.
2. The property known as L.R No. ELDORET MUNICIPALITY BLOCK 13/150 is now known as ELDORET MUNICIPALITY BLOCK 13/902, 903, 904 and 905.
3. The Lease Agreements in relation to ELDORET MUNICIPALITY BLOCK 13/902, 903, 904, and 905 jointly registered in the name of the 1^st, 2^nd and 3^rd Defendants be and are hereby declared null and void.
4. The 1^st, 2^nd and 3^rd Defendants are hereby directed to surrender the original Certificates of Lease and the Lease Agreements to the properties known as L.R No. ELDORET  MUNICIPALITY BLOCK 13/902, 903, 904 AND 905 to the offices of the 4^TH Defendants  within 7 days from today’s date.
5. Upon receipt of the original certificates of Lease and Lease Agreements of L.R No.ELDORET MUNICIALITY BLOCK 13/902, 903, 904 and 905 in the offices of the 4^th Defendants, the same will  returned to the offices of the 5^th Defendants for purposes of cancelling the names of the 1^st, 2^nd and 3^rd Defendants and in their place, the 5^th Defendant is directed to record the Plaintiffs as the lawful owners of the properties known as ELDORET MUNICIPALITY BLOCK 13/902, 903, 904 and 905.
6. Upon rectification of the ownership of the properties known as ELDORET MUNICIPALITY BLOCK 13/902, 903, 904 and 905 into the names of the Plaintiffs herein, the 4^th Defendant is directed to register the New Lease Agreements with the names of the Plaintiffs and issue fresh Certificates of leases for the properties known as ELDORET MUNICIPALITY BLOCK 13/902, 903, 904 and 905.
7. The 1^st, 2^nd, and 3^rd Defendants are hereby ordered to hand over vacant possession, use and occupation of the properties known ELDORET MUNICIPALITY BLOCK 13/902, 903, 904 and 905 forthwith to the Plaintiffs herein.
8. The 1^st, 2^nd and 3^rd Defendants similarly do not have any claim of any developments and improvements on the properties known as L.R ELDORET MUNICPALITY BLOCK 13/902, 903, 904 AND 905.
9. A permanent injunction be and is hereby issued to the 1^st, 2^nd and 3^rd Defendants prohibiting them from re-entering, interfering, using and/or in whatever manner dealing with the properties known as ELDORET MUNICIPALITY BLOCK 13/902, 903, 904 and 905 henceforth.
10. Each party will bear its own costs as regards this suit.
11. The Plaintiffs will also surrender their Certificates of Lease of the property known as ELDORET MUNICIPALITY BLOCK 13/152 to the offices of the 4^th Defendant for purposes of cancellation within seven (7) days from today’s date.

IN THE PRESENCE OF;

Court Assistant: Brian

Plaintiff: Mr. Tororei for the Plaintiff

Defendant: Mr. Kibii for 1^st – 3^rd Defendant

  Ms.Odoyo for 4^th and 5^th Defendants

  Ms. Jelagat holding brief Ms. Obino for the 6^th Defendant