[2018] KEELC 4640 (KLR)
The court held that since the surveyor's report was prepared and filed pursuant to a consent order agreed upon by all parties, there was no convincing reason to reject it at this stage. Any party wishing to challenge the report's contents may do so by cross-examining its makers or otherwise demonstrating its...
Source-derived case information.
- Citation
- [2018] KEELC 4640 (KLR)
- Parties
- Plaintiff: African Inland Church Kenya (Trustees Registered); Defendant: Naomi Enyang; Defendant: Amin Ali Mohamed
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 46 of 2013
- Procedural Posture
- Land Case / Ruling on Objection to Surveyor's Report
- Outcome
- Objections to the surveyor's report dismissed as premature; suit to be listed for hearing on a priority basis.
- Judges
- FM Njoroge
- Legal Topics
- Admissibility of Evidence, Survey Reports, Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
African Inland Church Kenya (Trustees Registered)
Plaintiff
Naomi Enyang
Defendant
Amin Ali Mohamed
Defendant
Procedural Posture
Land Case / Ruling on Objection to Surveyor's Report
Legal Issues
- 1 Whether the surveyor's report filed pursuant to a consent order should be adopted by the court at this stage.
- 2 Whether objections to the surveyor's report are premature before cross-examination of its makers.
Ratio Decidendi
The court held that since the surveyor's report was prepared and filed pursuant to a consent order agreed upon by all parties, there was no convincing reason to reject it at this stage. Any party wishing to challenge the report's contents may do so by cross-examining its makers or otherwise demonstrating its invalidity. Therefore, objections to the report's adoption were dismissed as premature, and the matter was ordered to proceed to hearing on a priority basis.
Court Disposition
Objections to the surveyor's report dismissed as premature; suit to be listed for hearing on a priority basis.
Orders
- Objections to the surveyor's report are dismissed as premature.
- The suit shall be listed for hearing on a priority basis.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE ENVIROMENT AND LAND COURT AT KITALE
LAND CASE NO. 46 OF 2013
AFRICAN INLAND CHURCH KENYA...................PLAINTIFF
(TRUSTEES REGISTERED)
VERSUS
NAOMI ENYANG.............................................1ST DEFENDANT
AMIN ALI MOHAMED..................................2ND DEFENDANT
R U L I N G
1. Some of the parties in this suit have opposed the adoption of the surveyor’s report which was filed in this matter.
2. The said report was filed pursuant to a consent entered into by the parties on 27/7/2016. I have examined at the said report. As ordered on 27/7/2016, it is filed by a joint team comprising of the County Physical planner, the Town Administrator Turkana, and the County Surveyor. However, upon hearing the parties, on the said issue, I do not find any convincing reason as to why a report whose necessity was agreed upon by all the parties some time ago should be rejected. In any event any party who needs to challenge the veracity of the contents of the said report may cross examine the makers thereof or otherwise demonstrate why the same is not valid.
3. For this reason, I dismiss the objections to the report as premature at this stage, and I order that the suit be listed for hearing on a priority basis.
Dated, signed and delivered at Kitale on this 25th day of January, 2018.
MWANGI NJOROGE
JUDGE
25/01/2018
Coram - Before Mwangi Njoroge Judge
Court Assistant - Isabellah
N/A for the parties
COURT
Ruling read in the absence of the Counsel for the parties who had notice of the date but did not attend.
MWANGI NJOROGE
JUDGE
25/01/2018