Omoke (Suing as a legal representative and administrator of the Estate of the Late Dunstan Omoke Owich) v Koskei (Environment and Land Appeal E005 of 2023) [2026] KEELC 1608 (KLR) (19 March 2026) (Judgment)

Facts

The Appellant, Victor Otieno Omoke, sues as the legal representative and administrator of the estate of the late Dunstan Omoke Owich. The Respondent, Hillary Kiplangat Koskei, challenged the decision of Hon. Charles Obulutsa in Kericho CM ELC Case No. 9 of 2018.

Issues

1. Whether the preliminary Objection dated 21st July, 2025 has merit.
2. Whether the Learned Trial Magistrate erred in failing to find that the agreement dated 16th April, 2007 was void.
3. Whether an agreement was entered into on or about 14th August, 2010 and the legal effect of the said agreement.
4. Whether the Learned Trial Magistrate erred in failing to issue an order of injunction and in finding that the Respondent's occupation and development of land parcel No. Kericho/Kunyak/281 was without basis.
5. Whether the Learned Trial Magistrate erred in not finding that land parcel No. Kericho/Kunyak/281 did not belong to either Dunstan Omoke Owich (deceased) and/or his estate.
6. Whether the Learned Trial Magistrate erred in not finding that the Appellant did not prove his case on a balance of probabilities.
7. Who should bear costs of the appeal and the cross appeal.

Reasoning

The court found that the trial court had jurisdiction to hear the case and that the Appellant did not prove his case on a balance of probabilities.

Outcome

Appeal and cross-appeal dismissed

Authorities cited