[2024] KEELC 1656 (KLR)
The court found that both parties admitted to the existence of a boundary dispute concerning L. R. No. Central Kasipul/Kamuma/3227. Given the conflicting claims regarding the extent of the plaintiff's occupation and the alleged encroachment, the court determined that the appropriate course of action was to direct...
Source-derived case information.
- Citation
- [2024] KEELC 1656 (KLR)
- Parties
- Plaintiff: Luke Agan; Respondent: Jared Omondi Omiti (Sued As Legal Representative And Successor Of The Late Omiti Misnjiro)
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Enviromental and Land Originating Summons E009 of 2021
- Procedural Posture
- Originating Summons / Ruling
- Outcome
- Interlocutory orders issued for boundary ascertainment; matter to be mentioned for report.
- Judges
- GMA Ongondo
- Legal Topics
- Boundary Disputes, Land Registration, Land Survey, Ownership Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Luke Agan
Plaintiff
Jared Omondi Omiti (Sued As Legal Representative And Successor Of The Late Omiti Misnjiro)
Respondent
Procedural Posture
Originating Summons / Ruling
Legal Issues
- 1 Whether there exists a boundary dispute between the parties regarding L. R. No. Central Kasipul/Kamuma/3227.
- 2 Whether the plaintiff unlawfully extended the boundary of the land beyond the original portion purchased.
- 3 What is the correct boundary and size of the land in dispute.
Ratio Decidendi
The court found that both parties admitted to the existence of a boundary dispute concerning L. R. No. Central Kasipul/Kamuma/3227. Given the conflicting claims regarding the extent of the plaintiff's occupation and the alleged encroachment, the court determined that the appropriate course of action was to direct the Land Registrar and Surveyor to visit the property, ascertain its boundaries, and file a report. This approach is grounded in the statutory mandate under the Land Registration Act, which provides for administrative resolution of boundary disputes, and is reinforced by the court's inherent powers under the Civil Procedure Act to ensure justice is served. The court further...
Court Disposition
Interlocutory orders issued for boundary ascertainment; matter to be mentioned for report.
Orders
- The Land Registrar at Kosele Land Registry and the Surveyor for Rachuonyo North, South and East Sub counties to visit L. R. No. Central Kasipul/Kamuma/3227, determine its boundaries and ground position, and file a report in court within sixty (60) days.
- The parties to share the cost of the boundary ascertainment exercise equally.
Full Case Text
Judgment text and source record
20 paragraphs
Agan v Omiti (Sued as legal representative and successor of the Late Omiti Misnjiro) (Enviromental and Land Originating Summons E009 of 2021) [2024] KEELC 1656 (KLR) (18 March 2024) (Ruling)
Neutral citation: [2024] KEELC 1656 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Enviromental and Land Originating Summons E009 of 2021
GMA Ongondo, J
March 18, 2024
Between
Luke Agan
Plaintiff
and
Jared Omondi Omiti (Sued As Legal Representative And Successor Of The Late Omiti Misnjiro)
Respondent
Ruling
1. This ruling is in lieu of judgment at this stage of the matter after going through the entire record inclusive of the parties’ respective submissions.
2. It is the observation of this court that the parties admitted that there is a boundary dispute herein. The plaintiff’s counsel stated that the issue in dispute is the size of the land purchased by the plaintiff and the boundary thereto.
3. Also, the defendant contended that at first, the plaintiff occupied a portion of the original land measuring approximately 100 feet by 120 feet. That however, in 2005 the plaintiff uprooted a live fence and extended the boundary to the portion of land belonging to the defendant.
4. In light of Sections 18 and 19 of the Land Registration Act, 2016 (2012) alongside Sections 3 and 3A of the Civil Procedure Act, Chapter 21 Laws of Kenya, I hereby order and direct that:a.The Land Registrar based at Kosele Land Registry and the Surveyor Rachuonyo North, South and East Sub counties to visit L. R. No. Central Kasipul/Kamuma/3227 and determine its boundaries and ground position and file a report(s) in this court within the next sixty (60) days from this date.b.The parties to share the cost of the exercise in (a) hereinabove in equal proportions.c.The Officer-in-Charge of Station Oyugis Police Station to provide security during the exercise envisioned in (a) above.d.Mention for Reports on 29th May 2024.
5. Orders accordingly
DELIVERED, DATED AND SIGNED AT HOMA BAY THIS 18TH DAY OF MARCH 2024. G.M.A ONG’ONDOJUDGEPresent1. Plaintiff2. Defendant3. Terrence, Court Assistant