[2018] KEHC 8245 (KLR)
The court found that the petition was not properly presented as there was no evidence of filing or payment of requisite fees. The petitioner also failed to comply with court directions to facilitate a survey and to file written submissions. Furthermore, the court held that the dispute was a boundary dispute, which...
Source-derived case information.
- Citation
- [2018] KEHC 8245 (KLR)
- Parties
- Applicant: Amos Albert Njeru; Respondent: District Land Registrar Imenti North/South District; Respondent: John Bendera Mwongera; Respondent: The Hon. Attorney General
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 18 of 2016
- Procedural Posture
- Constitutional Petition / Judgment
- Outcome
- petition dismissed with costs to respondents
- Legal Topics
- Boundary Disputes, Proper Filing, Prosecution of Petitions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Amos Albert Njeru
Applicant
District Land Registrar Imenti North/South District
Respondent
John Bendera Mwongera
Respondent
The Hon. Attorney General
Respondent
Procedural Posture
Constitutional Petition / Judgment
Legal Issues
- 1 Whether the petition was properly filed and presented before the court.
- 2 Whether the petitioner complied with court directions regarding the survey and written submissions.
- 3 Whether a boundary dispute is properly brought as a constitutional petition.
Ratio Decidendi
The court found that the petition was not properly presented as there was no evidence of filing or payment of requisite fees. The petitioner also failed to comply with court directions to facilitate a survey and to file written submissions. Furthermore, the court held that the dispute was a boundary dispute, which does not fall within the scope of a constitutional petition. Consequently, the petition was dismissed for want of proper presentation and prosecution, and for being an abuse of the constitutional petition process.
Court Disposition
petition dismissed with costs to respondents
Orders
- The suit is dismissed with costs to the respondents.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MERU
ELC PETITION NO. 18 OF 2016
AMOS ALBERT NJERU........................................PETITIONER
VERSUS
DISTRICT LAND REGISTRAR
IMENTI NORTH/SOUTH DISTRICT.........1ST RESPONDENT
JOHN BENDERA MWONGERA................2ND RESPONDENT
THE HON. ATTORNEY GENERAL...........3RD RESPONDENT
JUDGMENT
1. The document being referred to as a petition and dated 30. 5.2016 has no date of filing (same fate befalls the verifying affidavit). There is no receipt to indicate that the document was ever filed. The petition is hence not properly presented before this court.
2. I also note that on 24. 1.2017, the court gave directions for the District Surveyor to visit the scene to confirm whether the boundary between the two suit parcels is correct and to determine if any party has encroached on the other. The petitioner was to meet the costs of the scene visit. He did not comply.
3. The court also gave directions that the petition be argued by way of written submissions. The petitioner did not comply.
4. The upshot of my findings are that the petitioner has failed to properly present the petition and he has also failed to prosecute the same.
5. Needless to say that the dispute herein is a boundary dispute which does not fall in the ambit of a constitutional petition.
6. In the circumstances this suit is hereby dismissed with costs to respondent.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS DAY OF 7th MARCH, 2018 IN THE PRESENCE OF:-
Court Assistant:Janet/Galgalo
Mugo for 2nd respondent
Attorney General for 1st respondent absent
Mutuma for petitioner
HON. LUCY. N. MBUGUA
ELC JUDGE