Two children of former Defence Minister Justus Kantet ole Tipis are fighting eviction from an 830-acre land gifted to their late father in 1972.
Serah Tipis and her brother Eric Lengeseni are seeking orders to be declared legal owners of the land in Narok which has been allocated to four members of Lemek Ranch Group.
The two have named Nanyiku ole Ntutu, Looyieyio ole Ntutu, Lemarian ole Moijoi and Yussuf Mohamed as defendants in the case.
Lengeseni who is the administrator of his father’s estates testified on Tuesday before Environment and Lands Court Judge John Mutungi.
He said Lemek Group Ranch allocated two parcels of land to his father in 1971 and 1972 and his possession has never been disputed by the group to date.
He added that the group ranch officials affirmed that the land was officially allocated to the former Narok North MP in the minutes of a meeting dated September 3, 1992.
“Lemek Ranch Group officials gifted two lands measuring 1,830 acres to my father; Cis Mara/Lemek/161 measuring 1,000 acres and the suit land adjacent to the latter, measuring 830 acres,” testified Lengeseni.
He said his father obtained titles for Lemek 161 on April 20, 1977, but didn’t obtain the one for the disputed land that was still registered under the group.
He testified that before his father died in 1994 and his mother Rhoda Tipis in 2007 they cultivated the land and planted wheat, maize and grass for their livestock.
“The two lands had no boundaries between each other and my father planted trees including Keiffer to separate our lands from the rest,” he testified.
He accused the four members of the group of illegally subdividing and transferring the land to themselves without the authorisation of the group.
“The Group officials had the mandate to allocate land to its members who were over 1,000, but I understand that the officials have denied transferring land to the defendants,” he said.
According to a land surveyor’s report, there were variances between the ground area of the parcels and the area shown in the titles acquired by the four individuals.
He faulted the individuals for claiming the land without actually developing it or knowing where the said land is located.
He claimed that the individuals have tried to evict them severally from the suit property leading to confrontations.
He wants judge Mutungi to declare them owners of the land under adverse possession for having occupied the land for over 48 years.
In the suit that was commenced through an Originating Summons dated March 15, 2001, the two argue that there is an informal merger of the two parcels.
They accuse the individuals of fraud and forging of transfers and titles to illegally occupy the land.
In their response, the four contend that their parcels of land are distinct from the applicants’ land parcel No. 161.
They claim that there existed a clear boundary and beacons between the suit land and the 161 until 2001 when beacons were uprooted by Ole Tipis’ children.
They want the suit dismissed with costs.
The defendants will testify on April 14 and 15, 2021.
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