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Man who sold sold 75 acres then claimed it back loses case

By Robert Amalemba | June 27th 2021

Owuor filed the application on February 1. [Courtesy]

A man who sold 75 acres in Likuyani Sub-county to 48 people and later filed a case seeking to evict them from the property has lost the case.

Japheth Ogendo Owuor was also ordered to pay the cost of the suit.

Lady Justice Nelly Matheka of the High Court in Kakamega ruled that Owuor had no right to evict the people from the Kakamega/Sergoit/12 land.

“It seems the 48 entered into sale agreements with Mr Owuor, some as far back as 2005. Some payment receipts and photos of the 48 people’s homesteads have also been attached,” said Matheka. “I find this application is not merited and I dismiss it with costs.”

Owuor filed the application on February 1, under certificate of urgency, seeking a temporary injunction restraining the respondents from dealing, cultivating and erecting any structures on the land.

“I pray that the court issues orders against the 48 defendants compelling them to remove the illegal structures and stop any operations on the land. I also pray that the court orders the OCS Soy Police Station in Likuyani to supervise compliance of the said orders,” Owuor said in his application.

“The 48 people have illegally erected structures without my knowledge or consent,” he said.

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