Case ID:167176

Priscillah Jebet Biwott (Suing as the Administratrix of the Estate of Dorcas Kiprotich (Deceased) & 5 others v Jacob Kimetto & 7 others [2020] eKLR

Case Metadata

Case Number:

Environment and Land Case 375 of 2017

Parties:

Priscillah Jebet Biwott (Suing as the Administratrix of the Estate of Dorcas Kiprotich (Deceased, Edith Jematia Biwott, Jane Ego [Suing as the Administratrix of the Estate of Ego Kebenei [Deceased], David Kipkoech Komen, Andrew Kiptarus Kenei & James Kiprono Kimeto v Jacob Kimetto, Ezekiel Komen, Musa Chesang, John Koitie, Geofrey Kitur, William Chemweno, Uasin Gishu County Land Registrar & Attorney General

Date Delivered:

02 Nov 2020

Case Class:

Civil

Court:

Environment and Land Court at Eldoret

Case Action:

Ruling

Judge(s):

Stephen Murigi Kibunja

Citation:

Priscillah Jebet Biwott (Suing as the Administratrix of the Estate of Dorcas Kiprotich (Deceased) & 5 others v Jacob Kimetto & 7 others [2020] eKLR

Advocates:

Mrs. Isiaho for the Plaintiff

Court Division:

Environment and Land

County:

Uasin Gishu

Advocates:

Mrs. Isiaho for the Plaintiff

History Advocates:

One party or some parties represented

Case Outcome:

Plaintiffs’ Motion allowed

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT OF KENYA AT ELDORET

E & L CASE NO. 375 OF 2017

PRISCILLAH JEBET BIWOTT

[Suing as the Administratrix of the Estate of

DORCAS KIPROTICH [DECEASED].........................................1

ST

PLAINTIFF

EDITH JEMATIA BIWOTT...........................................................2

ND

PLAINTIFF

JANE EGO [Suing as the Administratrix of the Estate of

EGO KEBENEI [DECEASED].......................................................3

RD

PLAINTIFF

DAVID KIPKOECH KOMEN........................................................4

TH

PLAINTIFF

ANDREW KIPTARUS KENEI......................................................5

TH

PLAINTIFF

JAMES KIPRONO KIMETO.......................................................6

TH

PLAINTIFF

VERSUS

JACOB KIMETTO.....................................................................1

ST

DEFENDANT

EZEKIEL KOMEN......................................................................2

ND

DEFENDANT

MUSA CHESANG......................................................................3

RD

DEFENDANT

JOHN KOITIE............................................................................4

TH

DEFENDANT

GEOFREY KITUR......................................................................5

TH

DEFENDANT

WILLIAM CHEMWENO..........................................................6

TH

DEFENDANT

UASIN GISHU COUNTY LAND REGISTRAR....................7

TH

DEFENDANT

ATTORNEY GENERAL............................................................8

TH

DEFENDANT

RULING

[NOTICE OF MOTION DATED 20

TH

NOVEMBER, 2019 AND FILED ON 19

TH

DECEMBER, 2019]

1. The Plaintiff seeks for leave to amend the Plaint in terms of the draft attached to the Motion dated the 20

th

November, 2019, and filed on the 19

th

December, 2019. The application is based on the two

(2)

grounds on its face to the effect that the amendment sought will enable the Court determine the real issues in controversy between the parties, and that no prejudice will be occasioned upon the defendants. The Motion is supported by the affidavit sworn by

James Kiprono Kimetto

, the 6

th

Plaintiff, on the 20

th

November, 2019. It is the Plaintiff’s case that the amendment will result to some of the Defendants being left out from the suit and retain the correct parties to the issues in dispute.

2. The application is opposed by

Ezekiel Komen

, the 2

nd

Defendant through his affidavit sworn on the 21

st

January, 2020. It is his case that the parties being sought to be enjoined are purchasers of the land and need not be drawn into the suit. That the application is oppressive, unfair and an abuse of court process.

3. That the court issued directions on 13

th

May, 2020 for written submissions to be filed, but only the learned Counsel for the Plaintiffs filed theirs dated 8

th

July, 2020. The learned Counsel for 7

th

and 8

th

Defendants informed the court on the 26

th

February, 2020 and 12

th

October, 2020 that they do not oppose the application.

4. The issues for the court’s determinations are as follows;

(a) Whether the Plaintiffs have made a reasonable case for amendment of the Plaint, or alternatively whether the parties sought to be enjoined are necessary for the court to determine the issues herein with finality.

(b) Who pays the costs?

5. The Court has carefully considered the grounds on the Motion, the affidavit evidence, the learned Counsel’s submissions and come to the following determinations;

(a) That from the attached draft amendments, it is apparent the proposed persons to be enjoined are registered proprietors of parcels of lands with alleged nexus to the suit lands. That it is therefore necessary to have them enjoined to the suit as the orders sought by the Plaintiffs if successful are likely to affect the said parcels.

(b) That as the hearing of the main suit is yet to commence, the Defendants who have already filed their statements of defence will be at liberty to file amended defences if the Plaintiff’s application is allowed. That accordingly, the court finds no party will be prejudiced by the application being granted.

(c) That though the 2

nd

Defendant filed a replying affidavit in opposition to the application, the court is of the view that the costs be in the cause.

6. That in view of the foregoing, the Court finds merit in the Plaintiffs’ Motion dated the 20

th

November, 2019, and filed on the 19

th

December, 2019 and orders as follows;

(a) That the Plaintiffs are granted leave to amend their Plaint as per the attached draft.

(b) The amended Plaint be filed and served upon all the Defendants in 21 days.

(c) The costs of the application be in the cause.

Orders accordingly.

Delivered virtually and dated at Eldoret this 2

nd

day of November, 2020.

S. M. KIBUNJA

JUDGE

In the presence of

:

Plaintiffs: Absent.

Defendants: Absent.

Counsel: Mrs. Isiaho for the Plaintiff only.

Court Assistant: Christine

and the Ruling is to be transmitted digitally by the Deputy Registrar to the Counsel on record through their e-mail addresses.