A widow embroiled in a Sh1 billion land dispute with the families of late President Daniel arap Moi and billionaire businessman Jaswant Rai has been allowed to file written submissions on her claims on the property after the Supreme Court reversed an earlier decision by its Registrar.
Justice Mohamed Ibrahim allowed the widow, Susan Cherubet, and her son David Chelugui, to lodge the pleadings though out of the timelines provided by the Registrar.
The judge also allowed them to file the documents later after the apex court rules on their request to produce further evidence in the case that involves ownership of a 53-acre land in Eldoret.
The Deputy Registrar had in a ruling dated January 13, 2023, locked out the widow’s documents over alleged failure to comply with the timelines issued in August 2022.
Justice Ibrahim noted that the widow had already informed the Registrar that she would file the written arguments after the court determines her request to adduce further evidence. She was being represented by lawyer Ahmednasir Abdullahi, senior counsel.
“This court finds that Susan and Chelugui’s actions were not in any way contemptuous. It is my considered view that the reasons afforded are cogent and valid. It is fair and reasonable for the application to adduce further evidence be heard and determined first before they file the submissions in the two interrelated appeals both emanating from the judgement of the Court of Appeal,” said Justice Ibrahim.
The widow’s lawyer said that the non-compliance was not out of negligence, ignorance, or disobedience, but rather abundant caution to adduce additional evidence that would fortify her position that the decisions of the High Court and Court of Appeal were correct.
The lawyer had explained to the Registrar that the outcome of the application dated January 13, 2023, seeking to adduce additional evidence, will affect the yet-to-be-filed submissions.
Additionally, Mr Abdullahi said that the widow is defending her right to property with about Sh1 billion at stake, thus barring her from filing submissions would result in an unfair and unjust determination of the pending appeal.
The dispute escalated to the Supreme Court after the Court of Appeal endorsed the findings of the Environment and Land Court that the former President, who died in 2020, irregularly took over the land in 1983.
The land belonged to Noah Kipngeny Chelugui, a former chief, who later died leaving his widow fighting to reclaim the property.
Evidence in court shows that after grabbing the land in 1983, Moi later sold it to Rai Plywood, a firm owned by Mr Rai.
The Environment and Land court in its judgment delivered in 2019 ordered them to pay the family Sh1.06 billion plus interest.
Attempts by the executor of Mr Moi’s will, senior counsel Zehrabanu Janmohamed, to overturn the decision were dismissed by the Court of Appeal in July 2022.
Dismissing the appeal, the Court of Appeal said the acquisition of the land by Moi was arbitrary deprivation of property.
She, however, filed an appeal at the Supreme Court and obtained temporary orders stopping the widow and her family from demanding payment of the amount.
A bench of five judges led by Deputy Chief Justice Philomena Mwilu suspended a decision directing the Moi family and Mr Rai to pay the family of the ex-chief.
The judges rejected a plea by the Chelugui family to have the Mois directed to deposit the amount in court as security.
Moi died on February 4, 2020, and the distribution of his estate has been dogged by several cases brought against him.
