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RULING
- There are four crucial documents that have been the subject matter of this suit.
- The first two documents is the Letter of Allotment dated 27.02.1991 (Ref. No.129581/3) issued to Jones M. Lagat and others over the portion of land as Unsurveyed Residential Plot – Eldoret Municipality by the Commissioner of Lands and a second document is the Letter of Allotment dated 24.06.1998 (Ref.31710/XXVI) in the name of John Kiberen Kisorio over property known as ELDORET MUNICIPALITY BLOCK 15/1760 issued by Commissioner for Lands.
- The third document is the Lease issued by Chief Land Registrar in favour of John Kiberen Kisorio over property known as ELDORET MUNICIPALITY BLOCK 15/1760 dated 18.08.2012.
- The fourth document is Lease issued by Chief Land Registrar in favour of Jones M. Lagat Mike K. Singooei, Tirongo K. Arap Tanui and Ezekiel Kipkesio Mengech and Renson Kakucha Mbwangwa over the property known as ELDORET MUNICIPALITY BLOCK 15/1760 dated 2.11.2021.
- The Court requires to verify which of the documents above are the true and legitimate documents relating to the suit property.
- Consequently, the Court hereby summons the Chief Land Registrar who is the executor of the said leases or an authorized officer to attend Court and give evidence on which is the legitimate and correct Lease relating to the suit property known as L.R ELDORET MUNICIPALITY BLOCK 15/1760 on 26.02.2026.
- Similarly, the Director of the Land Administration is also hereby summoned to attend Court on the 26.02.2026 to verify the legitimacy of the two letters of Allotment between the one issued on 27.02.1991 (Ref.No.129581/3) in favour of the Defendant and the one dated 24.06.1998 (Ref:31710/XXVI) issued in favour of the Plaintiff is lawful and binding.
- The Deputy Registrar is directed to extract the Order and also the summons and ensure service in the office of the Chief Land Registrar and the Director of Land Administration within 30 days from today’s date.
IN THE PRESENCE OF;
Court Assistant: Brian
Plaintiff: Mr. Rotich for the Plaintiff
Defendant: Ms. Akinyi for the Defendant
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