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WILLIAM KIPSOI SIGEI
V.
KIPKOECH ARUSEI & ANOTHER

(2019) JELR 92874 (CA)

Court of Appeal 25 Jul 2019 Kenya
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- The appellant sold several plots in Kesses Township to the 1st respondent in 1991, who later sold one plot to the 2nd respondent; disputes arose after the appellant interfered with the 2nd respondent’s possession, leading to claims and co

Case Details

Suit Number:Civil Appeal 54 of 2016
Judges:Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed
Location:Eldoret
Other Citations:William Kipsoi Sigei v. Kipkoech Arusei & another [2019] eKLR

JUDGMENT OF THE COURT

BACKGROUND

1. William Kipsoi Sigei, the appellant herein, was sued by Kipkoech Arusei and John Tunge, the 1st and 2nd respondents respectively in the Chief Magistrate’s Court at Eldoret. By an amended plaint dated 27th April, 2007 the 1st respondent alleged that he was the owner of plots 171,172,173,174 and 175 located in Kesses Township, having purchased the plots from the appellant by way of an agreement entered into between himself and the appellant on 19th March 1991. The 1st respondent claimed that he paid the appellant the agreed purchase price, took possession and ownership of the plots and enjoyed quiet possession of the property. At some point in 2003, the 1st respondent sold plot number 171 to the 2nd respondent, who started to develop it. However, the appellant interfered with the 2nd respondent’s quiet enjoyment and occupation of the property which prompted the respondents to file suit, seeking a permanent injunction restraining the appellant from inter…

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