Olweny (Suing as the Legal Representative and Administrator of the Estate of the Late Elikamwashingtion Olweny - Deceased) v Kiplagat & 7 others (Environment and Land Case 57 of 2020) [2026] KEELC 2918 (KLR) (14 May 2026) (Judgment)
- Court
- Environment and Land Court
- Case number
- 2918
- Citation
- [2026] KEELC 2918 (KLR)
- Decided
- 14 May 2026
- Judge
- EM Washe
- Parties
- raw · defendants · plaintiffs
The first legitimate and lawful owner of the suit property was the late CHERONO wife of MARITIM. The first lawful recorded owner, CHERONO wife of MARITIM, complied with the terms and conditions of the Letter of Allotment.
Facts
The Plaintiff filed an Amended Plaint against 1st to 8th Defendants seeking declarations, eviction, and injunctions over a parcel of land. The suit property was part of a Settlement Scheme administered by the Settlement Fund Trustee.
Issues
- Who was the first legitimate and lawful owner of the suit property?
- Did the first lawful recorded owner comply with the terms and conditions of the Letter of Allotment for registration of the suit property?
Reasoning
The Court found that CHERONO wife of MARITIM was the first legitimate and lawful owner of the suit property based on the Settlement Fund Trustee's records and the Agreement for Sale dated 20.12.1971. The late ELIAKIM WASHINGTON OLWENY complied with the terms and conditions of the Letter of Allotment.
Outcome
The appeal was dismissed.
Orders
- A declaration that the Plaintiff is the beneficial owner of the suit property.
- An order of eviction of the 1st, 2nd, 6th, 7th and 8th Defendants from the suit property.
- An order of permanent injunction against the 1st, 2nd, 6th, 7th and 8th Defendants from further trespassing onto the suit property.
- An order that the registration of the 6th, 7th and 8th Defendants as the registered owners of the properties known as L.R. NO. UASIN GISHU/NGENYILEL SETTLEMENT SCHEME/1760,1761,1762,1763 & 1752 be cancelled.
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