Over 1,000 squatters at Tawai farm in Trans Nzoia county have suffered a major setback after the Supreme Court confirmed a title deed held by Eldoret Express.
The legal battle pits Eldoret Express against Tawai, both laying claim to the 640-acre land that lies to the Southwest of Kitale town in Kiungani.
A bench of five judges led by acting Chief Justice Philomena Mwilu on Monday rejected an appeal lodged by Tawai, saying the dispute was resolved by the Court of Appeal based on the analysis of the evidence on record.
The gist of the suit was the validity of the Eldoret Express title and occupation of disputed land. The trial court found that the suit land was illegally and fraudulently created through misrepresentation.
It declared the transfer and registration of the land in favour of Eldoret Express illegal, cancelled the title, ordered their eviction and permanently restrained it from trespassing the suit land.
Aggrieved by the decision, Eldoret Express lodged an appeal. The Court of Appeal faulted the trial court's finding regarding the legality of the contested title. In particular, the appellate court took issue with the trial court's analysis of the evidence on record.
The court observed that the trial court's finding of illegality of title was not backed by the evidence on record. The court concluded that there was nothing on record to suggest that the title of the suit property had been created fraudulently or through misrepresentation.
On Monday, the Supreme Court agreed with Eldoret Express represented by Philip Nyachoti that Tawai has not raised any issues whose determination would outdo the particular case.
The bench said they saw no reason to allow a second appeal in their court.
“By the same token, we do not see any significant question of law that requires the further input of the court. The finding of this court on jurisdiction consequently disposes off the issue of stay of execution,” they said.
Tawai had sought suspension of the Court of Appeal decision, pending hearing of an intended appeal.
Edited by Henry Makori
