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JudgmentJOSEPH KIPKOECH CHEMOR VS DAVID K. KANDA1 min read

JOSEPH KIPKOECH CHEMOR VS DAVID K. KANDA

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

RULING

  1. It is true that there was a consolidation of this file with Originating Summons (OS) No.185 of 2016 in the year 2016.
  2. Looking at the pleading filed in ELC No.250 of 2014, the cause of action is trespass  by one David Kanda.
  3. There is no dispute on the ownership of the neighbouring properties.
  4. As regards the OS. No. 185 of 2016, the Applicants therein are seeking adverse possession on both Kaptalalamwa/274 and Kaptalalamwa/275.
  5. Looking at the two distinct causes of action, this court is of the view that the two files should not be consolidated.
  6. In view of the above, the court makes the following orders;
  7. The orders of consolidation issued on the 30.11.2016 are hereby reviewed and set-aside forthwith.
  8. The Ruling pronounced this morning on the application dated 03.04.2025 is hereby reviewed and set-aside.
  9. The application dated 03.04.2025 is hereby marked as withdrawn with no orders as to costs.


IN THE PRESENCE OF;

Court Assistant: Brian

Plaintiff: Mr. Simiyu for the Applicant

Defendant: Mr. Wafula for 1st Respondent

  Mr. Nyachiro for 2nd Respondent

    JOSEPH KIPKOECH CHEMOR VS DAVID K. KANDA JOSEPH KIPKOECH CHEMOR VS DAVID K. KANDA