RULING
- Indeed, the Court has seen the entries No.10 and 11 together with the certified copies of the Green Cards.
- It is true that these two properties were transferred to other people and/or entities way back in 2016 while the present Originating Summons was filed on 2nd May, 2023.
- Consequently, the Originating Summons dated the 2nd May, 2023 is hereby withdrawn.
- However, the Respondent is entitled to costs as it is the Applicant who sued him yet the documents show that he did not own the land since 2016.
- The Respondent is directed to either negotiate the costs with the Applicant and if no agreement is reached, the Respondent is at liberty to tax his bill.
- This file is hereby closed.
DATED, SIGNED & DELIVERED Virtually in Eldoret ELC Court on 17TH MARCH 2025.
IN THE PRESENCE OF;
Court Assistant: Brian
Plaintiff: Mr. Kiptoo for Applicant
Defendant: Ms. Kemboi Ms. Ogoti holding brief Ms. Odwa for Respondent