A family in Njoro has been stopped from burying its kin on land whose ownership has been disputed.
The court ruled that the land belonged to Jane Chelagat Kulei as she had produced ownership documents.
Ms Kulei had gone to court to block the burial of Margaret Sayaya on the suit land. She sued a brother of the deceased, John Sayaya, and her in-laws, Jonathan Saning’o and Jackson Kipkemoi.
In the suit filed two months ago, Kulei claimed that burying the body on her farm was illegal and prejudicial.
She said she acquired the land in 1997 through a Government settlement scheme.
Mr Sayaya, Mr Saning’o and Mr Kipkemoi, in their reply, insisted that Kulei did not own the land.
Null and void
They contended that the registration was fraudulently done and was, therefore, null and void.
They told the court that the deceased was the rightful owner of the suit land, having been allocated the parcel in 1997.
Kulei, while giving her evidence earlier, had informed the court that she resides in Baringo and that her land had been illegally taken by the deceased. She produced a title deed, a certificate of search and an allotment letter. She informed the court that she had reported the trespass to the chief, but he had not taken any action.
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Nakuru Chief Magistrate Josephat Kalo declared that Kulei was the owner of the land.
“As submitted, the land belongs to the plaintiff (Kulei) who has exclusive rights to the same. She therefore has the right to decide what does or does not happen to the suit land,” he ruled.
The family said it would appeal the ruling.