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JudgmentTRUPHENA J CHEMITEI VS PIUS KIPTUM YANO1 min read

TRUPHENA J CHEMITEI VS PIUS KIPTUM YANO

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

                  

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
    TRUPHENA J CHEMITEI VS PIUS KIPTUM YANO TRUPHENA J CHEMITEI VS PIUS KIPTUM YANO