Businessman Jackson Kibor has lost, for now, the sole ownership of 1,500 acres in Soy he is fighting over with his three sons.
After a dispute with his sons Elkana Kipleting, Evans Kibor and Erick Kipchumba, Kibor asked the Environment and Land Court to reverse titles to land he had given them.
Subsequently, in May last year, the ELC directed the Uasin Gishu land registrar to nullify and cancel the consolidation, subdivision and issuance of title numbers to Kibor’s sons.
His sons moved to the Court of Appeal seeking to suspend that decision.
Appellate judges Hannah Okwengu, Daniel Musinga and Fatuma Sichale stayed the decision of the High Court on Tuesday pending appeal.
They said there is no telling what Kibor may decide to do with the suit properties he is fighting over with his three sons.
The judges said there is no dispute that the relationship between Kibor and his sons is quite strained.
They noted that shortly after delivery of the High Court decision, Kibor caused the arrest and incarceration of his sons at Soy Police Station. He accused them of trespass to the suit properties.
The bench said that Kibor’s sons have met the threshold to suspend implementation of the High Court’s decision pending appeal.
In their grounds of appeal, the sons said the ELC failed to find that their father had gifted them the land and processed the transfers.
They also said that the ELC failed to hold that their father did not prove any fraud against them.
The sons further argued that unless the order sought is granted, there is a likelihood that Kibor will evict them from the suit properties. He has developed hostility and intolerance against them, they said.
“If execution of the ELC judgment is carried out, the intended appeal shall be rendered nugatory,” the applicants added.
But their father said that he has no intention of evicting his sons from the suit properties.
Kibor said that the court can reverse the order of cancellation of the titles if the intended appeal succeeds.
The appellate court judges said Kibor's sons' case was arguable.
Edited by Damaris Kiilu
