JOHN NJUGUNA BENARD AND JOSHUA KIPKOECH KANGOGO VS DAVID KIMUTAI CHEPYATOR

JUDGEMENT

1. The Court has heard the opening remarks of both parties and the dispute in this suit is about the ownership of the suit property and the  use of the same.
2. Both parties have admitted that the suit property belongs to the 2^nd Plaintiff who is currently registered as the owner.
3. However, the Defendant wishes to challenge the manner and procedure that the suit property was registered in the name of the 2^nd Plaintiff.
4. Consequently, the parties have agreed to settle this matter as follows;
5. A declaration be made that the property known as L.R No. UASIN GISHU KUINET “B” SETTLEMENT SCHEME/18 belongs to the 2^nd Plaintiff.
6. The 2^nd Plaintiff is allowed to use the suit property in line with Section 26 of the Land Registration Act No.3 of 2012.
7. The Order of 26.09.2024 is hereby discharged.
8. The Defendant is allowed to file a separate case to challenge the legality of the 2^nd Plaintiff registration over the suit property.
9. Each party will bear its own costs as regards this proceeding.
10. This file is closed.

IN THE PRESENCE OF;

Court Assistant: Brian

Plaintiff: Mr. Bett for the Plaintiffs

Defendant: Defendant in court in person