[2019] KEELC 25 (KLR)
The court found, based on the scene visit report, that the plaintiff is in occupation and utilization of the suit land. However, the actual boundaries between the parties' parcels remain unclear and require expert demarcation. To preserve the subject matter and prevent further disputes, the court ordered that the...
Source-derived case information.
- Citation
- [2019] KEELC 25 (KLR)
- Parties
- Plaintiff: Alice Kambura (Suing as the legal representative of the estate of Norman Ntongai alias Ntongai Ambau – Deceased); Defendant: Evangeline Gatitu Kirera; Defendant: Joseph Bundi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 50 of 2018
- Procedural Posture
- Land and Property / Interlocutory Ruling on Application and Directions
- Outcome
- Interlocutory orders issued; application marked as spent; directions given for expert boundary demarcation and maintenance of status quo.
- Legal Topics
- Boundary Disputes, Status Quo Orders, Scene Visit, Survey Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alice Kambura (Suing as the legal representative of the estate of Norman Ntongai alias Ntongai Ambau – Deceased)
Plaintiff
Evangeline Gatitu Kirera
Defendant
Joseph Bundi
Defendant
Procedural Posture
Land and Property / Interlocutory Ruling on Application and Directions
Legal Issues
- 1 Whether the plaintiff is in occupation and utilization of the suit land.
- 2 Whether the boundaries of the suit land require expert demarcation.
- 3 Whether the status quo should be maintained pending determination of the suit.
Ratio Decidendi
The court found, based on the scene visit report, that the plaintiff is in occupation and utilization of the suit land. However, the actual boundaries between the parties' parcels remain unclear and require expert demarcation. To preserve the subject matter and prevent further disputes, the court ordered that the status quo be maintained until the matter is determined. The court further directed the county surveyor and land registrar to visit the scene, mark out the boundaries, and file a report. The costs of the scene visit are to be shared by the parties. The defendants are directed to file their statement of defence within 14 days.
Court Disposition
Interlocutory orders issued; application marked as spent; directions given for expert boundary demarcation and maintenance of status quo.
Orders
- The application dated 4.12.2018 is marked as spent in terms of the scene visit report; status quo to be maintained until determination of the matter.
- County surveyor and county land registrar to visit the scene, mark out boundaries of the suit land, and file a report.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC CASE NO. 50 OF 2018
ALICE KAMBURA (Suing as the
legal representative of the estate of
NORMAN NTONGAI alias NTONGAI
AMBAU – Deceased)...............................................PLAINTIFF
VERSUS
EVANGELINE GATITU KIRERA.....................1ST DEFENDANT
JOSEPH BUNDI.............................................2ND DEFENDANT
RULING
1. Having perused the scene visit report dated 15. 7.2019, I find that plaintiff is the one apparently in utilization and occupation of the suit land. It however appears that there is a need to have the input of the experts to demarcate or point out the actual boundaries of the two parcels.
2. In the circumstances I proceed to give the following directions:
1) The application dated 4. 12. 2018 is marked as SPENT in terms of the scene visit report whereby the status quo is to be maintained until this matter is determined.
2) I direct that the county surveyor and the county land registrar do visit the scene and clearly mark out the boundaries of the suit land and file a report thereof.
3) The parties herein to meet the costs of the scene visit.
4) Meanwhile, the defendants would file their statement of defence forthwith and in any event within 14 days.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS 9TH DECEMBER, 2019 IN THE PRESENCE OF:-
C/A: Kananu
M. Kariuki for plaintiff
Plaintiff
Defendants
HON. LUCY. N. MBUGUA
ELC JUDGE