[2022] KEELC 1038 (KLR)
The court determined that the dispute concerns a boundary issue, which is statutorily within the jurisdiction of the Land Registrar and Surveyor. The court exercised its discretion to facilitate an out-of-court settlement by granting the parties 30 days to explore ADR. Simultaneously, the court issued a directive to...
Source-derived case information.
- Citation
- [2022] KEELC 1038 (KLR)
- Parties
- Plaintiff: Abdinasir Abdirahman Mohamed; Defendant: Chief Land Registrar
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E002 of 2021
- Procedural Posture
- Land and Property Dispute / Interlocutory Ruling
- Outcome
- Interlocutory orders granted for ADR and boundary determination by statutory authorities.
- Legal Topics
- Boundary Disputes, Land Registration, Alternative Dispute Resolution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdinasir Abdirahman Mohamed
Plaintiff
Chief Land Registrar
Defendant
Procedural Posture
Land and Property Dispute / Interlocutory Ruling
Legal Issues
- 1 Whether the dispute over the boundary of Marsabit/Jirme 576 falls within the jurisdiction of the Land Registrar and Surveyor.
- 2 Whether the court should issue orders for ADR and for the Land Registrar and Surveyor to determine and beacon the boundary.
Ratio Decidendi
The court determined that the dispute concerns a boundary issue, which is statutorily within the jurisdiction of the Land Registrar and Surveyor. The court exercised its discretion to facilitate an out-of-court settlement by granting the parties 30 days to explore ADR. Simultaneously, the court issued a directive to the County Land Registrar and County Surveyor, Marsabit, to determine and beacon the boundary of Marsabit/Jirme 572 within 30 days, thereby ensuring that the technical resolution of the boundary dispute proceeds in parallel with the parties' settlement efforts. Costs were ordered to be in the cause, and further directions were scheduled.
Court Disposition
Interlocutory orders granted for ADR and boundary determination by statutory authorities.
Orders
- Parties granted 30 days to explore settlement and report back to court.
- Order issued directing County Land Registrar and County Surveyor, Marsabit, to determine the boundary position of Marsabit/Jirme 572 and place beacons within 30 days.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT ISIOLO
ELC CASE NO. E002 OF 2021
ABDINASIR ABDIRAHMAN MOHAMED................................................PLAINTIFF
VERSUS
CHIEF LAND REGISTRAR AND 7 OTHERS.....................................DEFENDANTS
RULING
1. From the pleadings this is a matter involving boundaries. This is the preserve of Land Registrars.
2. When this matter came up for directions on 7/3/2022, Mr. Kimathi for the AG for the 1st defendant asked the court to grant him 30 days so that the parties can employ ADR and try to resolve the issues involved. Mrs. Otieno for the plaintiff supported this proposal.
3. To expedite the necessary process, Mr. Kimathi prayed that an order be issued to the land Registrar and surveyor in Marsabit to determine the boundary position of Marsabit/Jirme 576 and place beacons thereof.
Court:
1) The parties are granted 30 days to explore settlement of this matter once and for all and to report back to court.
2) An order is hereby issued directing the County Land Registrar, Marsabit and the County Surveyor, Marsabit to determine the boundary position of Marsabit/Jirme 572 and to place beacons thereof within 30 days of today.
3) Costs shall be in the cause
4) Directions on 16/7/2022.
DELIVERED IN OPEN COURT AT ISIOLO THIS 7TH DAY OF MARCH, 2021 IN THE PRESENCE OF:
COURT ASSISTANT: BALOZI
MRS. OTIENO FOR THE PLAINTIFF
BENJAMIN KIMATHI FOR THE 1ST DEFENDANT
HON. JUSTICE P. M. NJOROGE
JUDGE