JUDGEMENT
1. Both parties have admitted that the suit property was owned by their father Ruto Kibusia now deceased.
2. Both parties are the beneficiaries of the estate of Ruto Kibusia.
3. Both parties have agreed that the name of the Defendant was recorded in the ownership section without following the law.
4. Consequently, both parties have agreed that Entry No.4 and 5 in the Green Card/Registry of the suit property recognizing the Defendant as the owner of the suit property be and is hereby cancelled forthwith.
5. The Defendant is directed to surrender back the title Deed in his name issued on the 05.09.2014 to the County Land Registrar, Uasin Gishu within 14 days from today’s date for destruction.
6. The suit property is found to belong to the estate of the late Ruto Kibusia as indicated in Entry No.2 and 3.
7. The Application dated 21.01.2026 is hereby marked as overtaken by events.
8. Each party will bear its own costs.
9. The status quo as exists today should be maintained by beneficiaries pending the succession process.
10. This file is closed.
IN THE PRESENCE OF;
Court Assistant: Brian
Plaintiff: Mr. Melilei for the Plaintiff/Applicant
Defendant: Mr. Mengich for the 1st Defendant/Respondent
N/A for the 2nd Defendant/Respondent
| ELC.LC E004 OF 2026 RULING1 |