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JudgmentISAAC KIPKEMBOI & 4 OTHERS VS JOSEPH KIMITEI & 7 OTHERS1 min read

ISAAC KIPKEMBOI & 4 OTHERS VS JOSEPH KIMITEI & 7 OTHERS

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

                  

RULING

1.   The Applicant herein is the daughter in-law of the deceased 1st Plaintiff.

2.   The estate of the 1st Plaintiff has legal administrators that have brought the case to Court.

3.   The Applicant is therefore a beneficiary of the estate of the 1st Plaintiff.

4.   As such, the interests of the Applicant can only be protected and/or litigated upon by the legal administrators of the 1st Plaintiff.

5.   The Applicant is not an administrator of the 1st Plaintiff estate and her interests will be catered for once this matter is determined as a succession instituted.

6.   Consequently, the Applicant is not necessary party in the file and therefore the Application dated 22.01.2026 is denied and dismissed.

7.   In the interest of justice there will be no costs on the Application.

 

 

IN THE PRESENCE OF;

Court Assistant:         Brian

Plaintiff:         Mr. Omwanga holding brief Ms. Rotich for the 2nd Plaintiff

Defendant:         Mr. Kipnyekwei for the 2nd Defendant/Respondent

                  Ms. Aketch for the 8th Defendant

                  Ms. Chelimo holding brief for Mr. Yego for the 1st Defendant

                  Mr. Martim for the 10th Defendant

 


 
ELC.520 of 2012                                                         RULING   1
    ISAAC KIPKEMBOI & 4 OTHERS VS JOSEPH KIMITEI & 7 OTHERS ISAAC KIPKEMBOI & 4 OTHERS VS JOSEPH KIMITEI & 7 OTHERS