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Ruto & 2 others v Tesot & 2 others (Civil Appeal 82 of 2020) [2026] KECA 321 (KLR) (27 February 2026) (Judgment)

[2026] KECA 321 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
321
Citation
[2026] KECA 321 (KLR)
Decided
27 February 2026
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the judgment and decree of the Environment and Land Court of Kenya at KitaleCoramMWANGI WAMBUGU [1982-88] 1 KAR 278
Holding

The court found that the respondents had the capacity to sue the appellants and that the learned judge arrived at a correct finding.

Facts

The respondents claimed ownership over a piece of land sold to them by Elijah Kenei, now deceased, and registered under the Department of Social Services Trans Nzoia District. They alleged that the appellants illegally constructed structures on the land and damaged their property.

Issues

  1. Whether the respondents had the capacity to sue the appellants.
  2. Whether the learned judge arrived at a correct or incorrect finding in his decision.

Reasoning

The court considered the parties' written submissions, examined the record of appeal, and analyzed the law, concluding that the respondents had the capacity to sue and that the learned judge's findings were based on evidence.

Outcome

Affirmed

Authorities cited

Cases cited (1)
  • David Sironga Ole Tukai vs. Francis Arap Muge & 2 others [2014] KECA 155 (KLR)
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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