Kasuji Ole Seitai Alias Sentai,Tepapul Onole Lemua & Narikunkera Ene Lemwa v Mosokoi Olelemua Seitai & District Land Registrar, Trans-Mara [2018] KEELC 1522 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT NAROK

ELC CAUSE NO. 344 OF 2017

KASUJI OLE SEITAI ALIAS SENTAI........................................1ST PLAINTIFF

TEPAPUL ONOLE LEMUA.........................................................2ND PLAINTIFF

NARIKUNKERA ENE LEMWA..................................................3RD PLAINTIFF

-VERSUS-

MOSOKOI OLELEMUA SEITAI.............................................1ST DEFENDANT

THE DISTRICT LAND REGISTRAR, TRANS-MARA.......2ND DEFENDANT

RULING

I have heard the Application made by the parties. It is evident that parties had voluntarily submitted themselves to the Arbitration process, however, once the arbitral report was filed in court on 27th March, 2018 the same was challenged by the plaintiffs.

I have perused the report and I find that the same is not conclusive in determining the issues between the parties.  The Affidavit of the 1st Plaintiff has been challenged as the members of the Arbitration Committee have found that the 1st Plaintiff is an old man who can’t walk without support and he is said to be one who cannot talk or hear.

From the report, I find that there are several transactions and transfers that took place in which it shall be prudent to have it heard and veracity of all the allegations made tested through a formal hearing.

From the above I find that the report that was filed lacks clarity and does not settle the issue as between the parties and I therefore order the setting aside of the said report and I direct that the suit do proceed for hearing.

Orders accordingly.

Since the suit herein falls within the jurisdiction of the Magistrate’s court I order the suit be transferred to Kilgoris Principal Magistrate’s Court for hearing and determination.

DATED, SIGNED and DELIVERED in open court atNAROKon this24thday ofSeptember, 2018.

Mohammed Noor Kullow

Judge

24/9/18

In the presence of:

CA:Chuma

Mr Ogutu for the 1st Defendant

Mohammed Noor Kullow

Judge

24/9/18