JUDGMENT OF THE COURT
In this judgment which relates to two appeals filed in Eldoret, namely Civil Appeal No. 55 and Civil Appeal No. 59 both of 2017, we are once again called upon to pronounce on the far reaching consequences of a court’s proceeding to hear and determine a matter that falls outside its jurisdictional competence.
The appeals, filed by one Ezekiel Kiplel (Kiplel) and Isaac Julius Sang (Sang) respectively, against Kipsaina Arap Mursoi (Mursoi), emanate from the judgment of the High Court (Kimondo J) delivered on 27th April, 2017 in which he decreed as follows;
(a) That the transfers of seven properties known as Eldoret Municipality/Block (King’ong’o) 915, 919, 920, 921, 922, 960 and 961 to the 1st defendant, Ezekiel Kiplagat Kiplel, are null and void and are hereby cancelled. The register shall be rectified; and, the titles restored to the plaintiff;
(b) That the transfer of the property known as Eldoret Municipality/Block (King’ong’o) 946 to the 4th defendant, Isaac Julius…