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JANE JEPTOO SAWE
V.
ESTATE OF SYLVESTER KIMAGUT SANG

(2016) JELR 97404 (CA)

Court of Appeal 29 Jul 2016 Kenya
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Case Details

Suit Number:Civil Application 49 of 2015
Judges:Fatuma sichale, Agnes Kalekye Murgor, Stephen Gatembu Kairu
Location:Eldoret
Other Citations:Jane Jeptoo Sawe v. Estate of Sylvester Kimagut Sang Represented by Jennifer Chebet Sang [2016] eKLR

RULING OF THE COURT

1. The applicant seeks, under Rule 5(2)(b) of the Rules of the Court, for an order to stay execution of a decree passed on 5th May 2015 in Kitale Environment and Land Case No. 122 of 2012 by which that court ordered her to vacate the property known as Title Number Kaplamai/Kachibora Block 2/Mateket/95 having declared the same to be the registered property of the late Sylvester Kimagut Sang.

Background

2. In a plaint presented to the Environment and Land Court at Kitale on 28th September 2012 in Land Case Number 122 of 2012, Jennifer Chebet Sang as a representative of the estate of Sylvester Kimagut Sang sued the applicant seeking a declaration that the late Sylvester Kimagut Sang is the sole registered owner of the property known as Title Number Kaplamai/Kachibora Block 2/Mateket/95; that the applicant has no proprietary interest in that property; and that the applicant be ordered to move out from the property failing which she should be forcefully evicted. There was …

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