Priscilla Jeruto Kisoso v Kiporot Ole Totona & 3 others [2017] KEELC 3168 (KLR)
- Court
- Environment & Land Court
- Case number
- 3168
- Citation
- [2017] KEELC 3168 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from a previous orderCoramMUNYAO SILA
Holding
The court allows the service of the counterclaim but on conditions, and the previous order is upheld unless the conditions are met.
Facts
The plaintiff, Priscilla Jeruto Kisoso, claims to be the registered proprietor of a land parcel measuring 58 hectares. The defendants, Kiporot Ole Totona and three others, had previously filed a counterclaim against the plaintiff. The plaintiff's counterclaim was dismissed, and the defendants were ordered to cede possession of the land or deposit Kshs. 1 Million as security.
Issues
- Review of the previous order
- Service of the counterclaim
Reasoning
The court considers the balance of interests and the need to accommodate the defendants' request for justice.
Outcome
The defendants' application for review is denied, and the previous order stands.
Orders
- Service of the counterclaim on conditions
- Costs of Kshs. 25,000 to be paid within 30 days
- Previous order of March 21, 2016, to stand unless conditions are met
Remedies
- Possession of the land to be ceded to the plaintiff or deposit of Kshs. 1 Million as security
- Payment of Kshs. 25,000 within 30 days
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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