L J K v K K [2017] KEELC 2469 (KLR)

Facts

The Plaintiff filed an Originating Summons seeking a determination of five questions related to the land parcel Kericho/Kapsaos/175, including whether the Defendant can apportion, subdivide, or sell the land without consulting the Plaintiff.

Issues

1. Whether the Defendant can apportion, subdivide, or sell land parcel no. Kericho/Kapsaos/175 without consulting the Plaintiff.
2. Whether the Defendant can dispose of the land without following the succession process.
3. Whether the Defendant can allocate or apportion land in the land parcel to one Josephine Chepkoech Soyo Yegon without the consent of the Plaintiff.
4. Whether Josephine Chepkoech Soyo Yegon should be evicted from the portion of land allocated to her by the Defendant.
5. Whether the land parcel can be declared to be owned jointly between the Defendant and the Plaintiff.

Reasoning

The court held that the Environment and Land Court has jurisdiction to hear the case, and that the Defendant cannot be sued merely because he has not had the title transferred to him through the process of succession. The court dismissed the objection on the ground that the suit parcels in Eldoret ELC No. 290 of 2016 are substantially different from the land parcel in this suit.

Outcome

The application for injunction is fixed for hearing inter partes within the next 60 days.

Authorities cited