- Kipchoge is among athletes and businessmen who bought the land from runner Daniel Komen but the property is now at the centre of the High Court case in Eldoret.
- The other three are Brimin Kipruto, Felex Kipchoge Lagat and Peter Kipsigei Lagat.
Image: FILE
World Marathon Star athlete Eliud Kipchoge is among three elite athletes caught up in a court battle over ownership of prime land in Eldoret valued at more than Sh100 million.
Kipchoge is among athletes and businessmen who bought the land from runner Daniel Komen but the property is now at the centre of the High Court case in Eldoret.
Komen has been sued by his wife Joyce Kimosop.
She accuses her husband of selling off the matrimonial land without consulting her.
Joyce has sued Komen along with Kipchoge and Birmin Kipruto.
In her case filed through lawyer Patrick Kibii, she has also dragged into court businessmen Felix Kipchoge Lagat and Peter Kipsigei Lagat.
At the centre of the legal battle before Justice Reuben Nyakundi of Eldoret High Court is a prime agricultural land measuring 200 acres registered as Southern East of Eldoret Municipality in Uasin Gishu County L.R No. 8638/26.
She is battling to have the disputed property back arguing the sale process of their matrimonial property was illegal
Joyce says that she was shocked to learn that the 1st to 4th defendants namely, Eliud Kipchoge, Brimin Kipruto, Felex Kipchoge Lagat and Peter Kipsigei Lagat were occupying the land claiming that they had bought it.
“I have also learned with shock that the property was sold at just Sh10 million which represents just 10 per cent of the actual value of the land,” she says in court papers.
She has accused her husband of selling the matrimonial property to the four defendants without involving her despite having equal shares in the disputed parcel of land.
She says the sale was done illegally and wants it cancelled
She insists that as a co-owner of the asset, she was not involved in the sale.
In response, Komen admits that they took a joint loan with his wife to pay the balance for the purchase of the land from its previous owner.
He also admits that he sold the land to the four defendants in the case among them Eliud Kipchoge and that Joyce consented to the sale.
Komen further says he sold to former World marathon record holder Brimin Kirputo jointly 120 acres and not 150 acres as alleged by his wife.
He sold another 50 acres to the 3rd defendant and 20 acres to the 4th defendant.
"I took several bank loans to fund the purchase and development of the property which was the only family home as I married Komen at a time when he had no place to call a home,” Joyce argues.
“My husband has never mentioned to me the sale and hence I was surprised when it was occupied by strangers."
She says they acquitted the land jointly but agreed that it be registered in the name of her husband in trust for the family.
Joyce added that she got married to her husband on November 5, 1998, through a church wedding in Eldoret and has been blessed with three children.
She has listed five constitutional issues that she wants the Judge to determine key among them whether, as a wife of Daniel Komen, she has a right or not to be involved in a transaction involving a family property.
She also wants the court to determine whether the purported transaction conducted on February 8, 2012, between her husband and other defendants was a clear violation of her constitutional rights.
The court is also expected to determine whether the purported transaction is a nullity for violating clear provisions of the law.
Joyce is also urging the court to determine whether as a spouse, she is entitled to an equal share of the property in question and in addition, whether she is entitled to costs and any other reliefs.
Komen filed his response seeking to have issues raised by his wife to be sorted out of court.
Komen says he is the sole registered owner of the land in dispute.
He, however, admits that Joyce is his wife and they have children.
In reply, Kipchoge and the other buyers said that in September and October 2011, they were informed by Daniel Komen that he had a parcel of land to sell off.
"Komen entered into a sale agreement with us on October 4, 2011, where we bought the property at a sum of Sh10 million. We did due diligence after confirming that the land in question was indeed registered under his name,” stated Kipchoge.
Kipchoge explained that they paid the money through the firm of Kimaru Kiplagat and Company who were acting for him and Brimin Kipruto.
He stated that while they were in the process of finalizing the first sale agreement, Komen offered to sell them an additional 80 acres of land at Sh25.6 million.
“I am also aware that Komen also entered into a sale agreement with the 3rd and 4th defendants for a portion of the prime agricultural land,” said Kipchoge.
He pointed out that since the four of them knew each other, they requested Komen to effect a transfer of the land they had purchased from him into their names to avoid a multiplicity of transaction.
“Komen agreed to our request for a joint transfer after which we jointly applied for consent from the Land Control Board which was granted,” he stated.
Kipchoge said they have deployed five guards and workers to secure the property in dispute noting that they even planted various crops on the same.
“I am only a purchaser for the land and I did not know of any perceived dispute between Komen and his wife Joyce,” he said.
Justice Nyakundi has set May 20, for the hearing of the matter.