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A 14-year case in which 81 families are fighting for ownership of land whose value is currently estimated at Sh168 million will be heard on March 6 and 7.
Justice Anthony Obwayo of the Land and Environment court in Eldoret said he set the date after Chief Justice David Maraga directed all cases that had been pending for more than 10 years expedited.
He set the date after visiting the 56-acre property in the outskirts of Eldoret town.
The applicants claim they had been squatters on the land before acquiring it in 1989.
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The dispute is said to have emerged after squatters invaded the land in 2003 and refused to leave. They had leased part of the land to cultivators in 2001 and 2002.
The judge ordered the status quo maintained pending determination of the case, an order that allowed the squatters to continue cultivating the disputed land.
Status quo
“The applicants will be required to compensate the defendants if they lose the case and vice versa. I, therefore, direct that the status quo remains,” said Obwayo.
By setting the date when the case will be heard, the judge has offered relief to the families that have been battling the eight alleged invaders since 2005.
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Moses Tanui, who spoke on behalf of the families, told court the applicants bought the land from a British firm – Growel Farm Limited – in 1989.
He said four chiefs from Soi and Marichor in Elgeyo Marakwet linked the buyers with the seller.
“The families mobilised money and acquired the land. The 56 acres was part of 740 acres that was up for sale. In 2000, the lad was subdivided and the 18 families given title deeds,” said Mr Tanui.
Related Topics
Sh168 millionJustice Anthony ObwayoChief Justice David MaragaLand Court
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