The 88-year-old farmer received a reprieve after the Environment and Lands Court dismissed a request by six employees to suspend implementation of a judgment that declared him the legal owner of the land.
The six wanted the court to issue a temporary order of stay of execution of the judgment delivered on May 6, 2020 pending the hearing and determination of their appeal.
The application was supported by two of Mr Kibor's sons (Elkanah Kipleting Kibor and Ezekiel Kipngetich Kibor) and a daughter-in-law Michele Chebet.
Prominent Eldoret businessman Mzee Jackson Kibor has for the second time won a court battle involving ownership of a 1,500-acre land in Soy, Uasin Gishu against his sons and former employees.
The 88-year-old farmer received a reprieve after the Environment and Lands Court dismissed a request by six employees to suspend implementation of a judgement that declared him the legal owner of the land.
The six wanted the court to issue a temporary order of stay of execution of the judgment delivered on May 6, 2020 pending the hearing and determination of their appeal.
The application was supported by two of Mr Kibor's sons (Elkanah Kipleting Kibor and Ezekiel Kipngetich Kibor) and a daughter-in-law Michele Chebet.
The applicants told justice Stephen Kibunja that they are senior citizens and stand to suffer irreparable damages if they are evicted from the suit land.
But justice Kibunja said there was no evidence showing the extent of the damage they were likely to suffer. He added there was also no evidence to suggest that Mzee Kibor has set out to evict them, or is likely to evict them before the appeal is heard and determined.
Further, the judge said some of the applicants' lawyers had cited the wrong provisions of the Civil Procedure Act, which are supposed to guide the court on determining application for stay pending appeal.
Mr Kibor moved to court in 2016 seeking to block the subdivision and transfer of parcels of land to his sons and other people who had been illegally registered as proprietors of the farm.
He accused them of fraudulently sub-dividing and processing titles for the land.
The court, in a judgment passed by Justice Anthony Ombwayo, ruled in his favour and declared him the rightful owner of the land as he had valid documents to claim the property.
