Christina Sote Kiptui and Margaret Jemutai Chepto (Suing as the Administrators of the Estate of the late George Kiptui Chesang) & another v Musa Cherutich Sirma & 2 others [2021] KEELC 4702 (KLR)

Grounds 3, 4 and 6 required verification of facts such as service and valuation of the properties. Ground 1 cited a non-existent statute and no particular provision. Grounds 2 and 5 failed because the plaint was accompanied by a verifying affidavit with authority from the administrators and letters of administration were listed in the plaintiffs' documents.

Allegations of contempt are serious as liberty and property are at risk, requiring proof beyond a balance of probabilities. The order was allegedly served on a foreman the defendants denied knowing, and not personally served on the defendants. Mr Kemboi, said to have accepted service, was not on record and his actions could not bind any party.

While the 3rd defendant is the registered proprietor, the plaintiffs seek cancellation of the defendants' title, making preservation of the suit properties pending trial important. This aligned with paragraph 32 of the Practice Directions on Proceedings in the Environment and Land Courts, which encourages maintenance of status quo having regard to the overriding interests of justice.

The parties and subject matter of the two suits overlap: both concern L.R. No. 22650 and 22651, and this suit seeks cancellation of the same titles. Common questions of law and fact would arise in both matters, and the interest of justice dictated that they be determined at once by the same court.