Case ID:174727

Salome H Junge v Mark Kiplagat Kenduiywa [2021] eKLR

Case Metadata

Case Number:

Environment and Land Miscellaneous Application 4 of 2021

Parties:

Salome H Junge v Mark Kiplagat Kenduiywa

Date Delivered:

05 May 2021

Case Class:

Civil

Court:

Environment and Land Court at Kitale

Case Action:

Ruling

Judge(s):

Francis Mwangi Njoroge

Citation:

Salome H Junge v Mark Kiplagat Kenduiywa [2021] eKLR

Court Division:

Environment and Land

County:

Trans Nzoia

Case Outcome:

Originating Summons granted

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

AT KITALE

ELC MISC. APPL. NO. 4 OF 2021

SALOME H. JUNGE.....................................................................................APPLICANT

VERSUS

MARK KIPLAGAT KENDUIYWA..........................................................RESPONDENT

RULING

The Application

1. The

ex parte

originating summons dated

1/3/2021

and filed in court on

3/3/2021,

has been bought under

Sections 27, 28 and 80

of the

Limitation of Action Act

and

Order 51 Rule 1

of the

Civil Procedure Rules.

The applicant seeks the following orders:-

(1) …spent

(2) That pending the grant of the leave and filing of the intended suit, the

status quo

to be maintained to the effect that the respondent, his servants, agents or anyone whatsoever acting for or on behalf of the respondent from evicting the applicant, cutting any trees or demolishing the applicant on the land parcel known as Sinyerere/Sitatunga Block 3/Taito/85.

(3) That leave be granted to the applicant SALOME H. JUNGE to file a suit against MARK KIPLAGAT KENDUIYWA after an apparent limitation period.

(4) That costs of this application abide the results of the intended suit.

(5) Any other order that the honourable court shall deem fit.

2. The application is supported by the affidavit of the applicant sworn on

1/3/2021.

The grounds upon on the face of the application are that: the applicant entered into an agreement for purchase of one acre of land from the respondent from

LR No. Sinyerere/Sitatunga/Block 3/Taito/85

which was registered in the name of

Noah Barngetuny Kenduiywa

; that it was agreed that she takes possession of the land and that she would be included as a beneficiary of the estate of Noah; she was guaranteed quiet possession and enjoyment of the land and she planted

363

trees and commenced construction of a permanent house. However the respondent has started interfering with the suit land by fencing it of and excluding the applicant from any access thereto; he has also ploughed the same. The applicant avers she may loss property worth a colossal sum through the actions of the respondent. The respondent has allegedly applied for confirmation of grant of letters of administration without including the applicant as a beneficiary as agreed. It is intended to file a claim for a permanent injunction and in the alternative compensation from the respondent. It is also averred that the delay in filing the suit was occasioned by ignorance of the applicant regarding the secret filing for confirmation of grant and the misleading frequent oral promises of the respondent that he would transfer the ownership of the land to the applicant. A copy of the land sale agreement executed before an advocate by the parties in this application and dated

13/4/2011

is exhibited. A valuation report dated

27/8/2020

is also exhibited. A valuation report dated

3/9/2020

giving the value of the property at

Kshs. 7,000,000/=

is also exhibited.

3. This is an ex parte application. The applicant has given justification for why she never filed suit in respect of the suit land.

4. I therefore grant the

Ex Parte

Originating Summons dated

1/3/2021

as prayed in

Prayer

Nos. (2), (3)

and

(4)

thereof.

Dated, signed

and

delivered

at

Kitale via electronic mail

on this

5

th

day of

May, 2021.

MWANGI NJOROGE

JUDGE, ELC, KITALE.