RULING
1. This matter was settled through a Judgement pronounced on the 01.07.2025.
2. One of the directions in the Judgement was that the parties would go on the ground and re-establish the location of their property.
3. The exercise was indeed undertaken by the Land Registrar and the Land Surveyor and a report dated 19.12.2025 was filed in Court on the 04.02.2026.
4. In the report, the Land Registrar and Land Surveyor did confirm that the boundaries on the ground were established and the issue is that there is trespass or occupation of the Defendant property by the Plaintiff.
5. Consequently therefore, the Land Registrar and the Land Surveyor did point out that this is an issue for the Court to determine and not the Land Registrar.
6. To this effect the Court is satisfied that the dispute is one which should proceed for hearing.
7. As such, the Court does hereby on its own motion set-aside the Judgement pronounced on the 01.07.2025 henceforth.
8. The matter will proceed for full hearing.
9. In the meantime, the Plaintiff is hereby ordered to stop any actions on the Defendant property known as NGERIA/KESSES BLOCK 5(BAYETE)/2 pending the hearing and determination of this suit.
10. The Plaintiff is directed to remove the fence erected on the Defendant's property within the next 21 days from today's date.
IN THE PRESENCE OF;
Court Assistant: Brian
Plaintiff: Mr. Sambu for the Plaintiff
Defendant: Ms. Chebet holding brief Mr. Yego for the 1st Defendant
Ms. Odeyo for the 2nd, 3rd & 4th Defendant
| ELC.E045 of 2021 RULING1 |