JOSEPH MALAKWEN LELEI & ANOR
V.
RIFT VALLEY LAND DISPUTES APPEALS COMMITTEE & 2 ORS

JUDGMENT OF THE COURT

This appeal arises from the Ruling of the High Court of Kenya sitting at Eldoret (Dulu, J.) dated 30^th January 2006 but delivered by Gacheche, J. on 26^th February 2006 in Miscellaneous Civil Application No. 99 of 2002.

The facts and circumstances surrounding this appeal are straightforward indeed.

Joseph Malakwen Lelei (1^st appellant) and Judetheus Kiplagat Malakwen (2^nd appellant) are father and son. Veronica Chebichii (3^rd respondent) is the 1^st appellant’s mother in law and 2^nd appellant’s maternal grandmother.

The 2^nd appellant is the registered owner of land parcel known as NANDI/KEBULONIK/251 measuring 15.5 acres. According to him, the land in question was purchased from one Kipngetich Arap Tanui on 3^rd September 1969 by his father on his behalf as he was still a minor.

According to the 3^rd respondent however, the plot in question belonged to her late husband who is the person who had purchased the same from the said Kipngetich Arap Tanui. Her evidence was that …