Sile & another (Suing on Behalf of and as Administrators of the Estate of Stephen Baron Sisimwo) v Moss (Being Sued as the Administratrix of the Estate of Daniel Chepnoi Naibei Moss) (Environment & Land Case E004 of 2024) [2024] KEELC 7466 (KLR) (12 November 2024) (Ruling)

Summary at a glance

Facts

The Plaintiffs claim adverse possession of land previously owned by the late Stephen Baron Sisimwo, who was part of a group that bought 225 acres from the late Daniel Chepnoi Naibei Moss. The Plaintiffs sued the Defendant, who is the Administrator of the estate of Daniel Chepnoi Naibei Moss, to cancel an eviction notice and transfer 125 acres to the Plaintiffs' estate.

Issues

• Whether the Plaintiffs' claim for adverse possession is res judicata with the previous case in Kitale OS No. 111 of 2011.
• Whether the Plaintiffs' claim as Administrators of the Estate of Stephen Baron Sisimwo is valid.

Reasoning

The court found that the previous judgment was not on the same capacity or title as the current case, and thus the doctrine of res judicata does not apply.

Outcome

The Plaintiffs' claim is upheld.

Orders

• The Eviction Notice is cancelled.
• The Defendant is ordered to voluntarily sign all statutory forms for the transfer of 125 acres to the Plaintiffs' estate.

Remedies

• Cancellation of the Eviction Notice.
• Transfer of 125 acres to the Plaintiffs' estate.

Authorities cited