RULING
1. Indeed, in this file there is a Judgement that was pronounced on the 23.09.2023.
2. In the Application by the Interested Party, he claims to be a purchaser of 5 acres from the property known as Cherangany/Kapkanyor/59 from the late Gikono Bon through an Agreement for Sale dated 25.04.1977.
3. Based on the Judgement pronounced on 23.04.2023, the property known as Cherangany/Kapkanyor/59 was declared to be fraudulent and not in existence by law.
4. Consequently, the property known as Cherangany/Kapkanyor/59 was cancelled and the original title Cherangany/Kapkayor/40 re-established.
5. As such, the Applicant cannot litigate on a title that no longer exists.
6. The Application dated 11.11.2025 is hereby transferred to the proceedings known as Iten Chief Magistrate Court Succession No.E032 of 2025 for consideration on whether the Applicant has any claim against the estate of Gikono Kibor or not.
7. The Application dated 11.11.2025 will be mentioned before the Chief Magistrate Court on 08.04.2026 for further direction.
8. The Order of Status Quo issued on the 16.01.2026 is hereby lifted.
IN THE PRESENCE OF;
Court Assistant: Brian
Plaintiff: Ms. Martina holding brief Mr. Omari for the Plaintiff
Defendant: Ms. Kiptum for the Defendant ad Mr. Gikandi
Mr. Simiyu for the Intended Interested Party/Applicant
| ELC.12 of 2020 RULING1 |