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JudgmentJOHN TUWEI VS SARAH JEROP BARSOY1 min read

JOHN TUWEI VS SARAH JEROP BARSOY

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

RULING

  1. Upon hearing the counsel  for the Applicant and Respondent and considering the Ground Report by the County Land Surveyor dated 14th October 2024,  it is clear that there is an access road to the property owned by the Appellant.
  2. The access road is clearly demonstrated on the mutation produced as Annexture 3 and confirmed in the Land Surveyor Report dated 14th October, 2025.
  3. The Respondent has admitted that she blocked this access road for her security and in any event the Appellant has another access.
  4. However, to begin with, the issue of security raised by the Respondent has not been demonstrated.
  5. Even if such a threat exists, the Respondent has a duty to inform the necessary security agents to address the same.
  6. On the issue that the Appellant has another access, this court is of the view that such a reason is not sufficient to warrant any blocking of the access road.
  7. According to the ground report by the Land Surveyor, the access road is to the Appellant’s property.
  8. Consequently, the Appellant is granted Prayer 2 in the application dated 13th January, 2025.
  9. The Respondent should ensure that the blockage erected on the access road is hereby removed by close of business on 19th March, 2025.
  10. The matter will be mentioned on 20th March, 2025 to confirm compliance and take further directions.


DATED, SIGNED & DELIVERED Virtually in Eldoret  ELC Court on 17TH  MARCH 2025.

IN THE PRESENCE OF;

Court Assistant: Brian

Plaintiff: Mr. Owuondo for Appellant/Applicant

Defendant: Mr. Otuma holding brief Momanyi for Respondent

    JOHN TUWEI VS SARAH JEROP BARSOY JOHN TUWEI VS SARAH JEROP BARSOY