[2015] KEHC 1206 (KLR)
The court found that the parties had reached a consent to resolve the issue of boundary demarcation by agreeing to attend the demarcation exercise together with the District Land Registrar, District Surveyor, and their respective counsels. The consent was duly signed and presented to the court, which adopted it as...
Source-derived case information.
- Citation
- [2015] KEHC 1206 (KLR)
- Parties
- Applicant: Ex Murithi Naathan; Respondent: District Land Registrar; Respondent: District Surveyor
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 65 of 2012
- Procedural Posture
- Land and Environment Case / Ruling on Contempt and Enforcement Application; Adoption of Consent
- Outcome
- Application resolved by consent; consent adopted as order of the court; no order as to costs.
- Legal Topics
- Contempt of Court, Boundary Disputes, Enforcement of Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ex Murithi Naathan
Applicant
District Land Registrar
Respondent
District Surveyor
Respondent
Procedural Posture
Land and Environment Case / Ruling on Contempt and Enforcement Application; Adoption of Consent
Legal Issues
- 1 Whether the respondents are in contempt of the court order issued on 8th October 2013.
- 2 Whether the court should commit the respondents to prison for disobedience of its orders.
- 3 Whether the court should order enforcement of its previous orders regarding boundary demarcation.
Ratio Decidendi
The court found that the parties had reached a consent to resolve the issue of boundary demarcation by agreeing to attend the demarcation exercise together with the District Land Registrar, District Surveyor, and their respective counsels. The consent was duly signed and presented to the court, which adopted it as an order. The court therefore did not proceed to determine the contempt application on its merits, as the parties had agreed on a practical way forward to comply with the previous court order. The court directed the parties to return to confirm compliance and made no order as to costs.
Court Disposition
Application resolved by consent; consent adopted as order of the court; no order as to costs.
Orders
- By consent, parties to attend demarcation to mark boundaries of suit lands with District Land Registrar, District Surveyor, and counsels on 9th October 2015.
- Consent adopted as order of the court.
Full Case Text
Judgment text and source record
36 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
LAND AND ENVIRONMENT CASE NO. 65 OF 2012
EX MURITHI NAATHAN............................................................................APPLICANT
VERSUS
DISTRICT LAND REGISTRAR......................................................1ST RESPONDENT
DISTRICT SURVEYOR..................................................................2ND RESPONDENT
R U L I N G
This application is dated 24. 9.2015 and seeks orders:
THAT this honourable court be pleased to certify this application to be of utmost urgency and service on the respondents be dispensed with in the first instance.
THAT this honourable court do and hereby commit the District Land Registrar, the 1st respondent and the District Surveyor, the 2nd Respondent to prison for a period maximum (sic) of six (6) Months for deliberately refusing and/or to continue to disobey, flout or circumvent this courts order issued on 8th October, 2013.
THAT pending interpartes hearing of this application, officer commanding station Meru police station or such officer as may be designated in the Kenya Police or Kenya Police Administration be directed to ensure the respondents hereof are in compliance with the order issued by honourable Justice Njoroge.
THAT this honourable court be pleased to order the respondents to pay the defendant/applicant special damages for loss of use of the said parcel until the date of compliance of the order.
THAT the cost of this application be awarded to the defendant
THAT further or other orders be made as the court shall deem fit.
The application has the following grounds:
a) This 8th October, 2013, honourable Justice Njoroge, the High Court Judge,Environment and land Court, issued an elaborate and concise order THAT the District Land Registrar, the District Surveyor or both parties (sic) and their counsel do revisit the land parcels NTIMA/IGOKI/3568 and NTIMA/IGOKI/3301 and fix proper boundaries and beacons in accordance with the registries and titles.
b) In granting the aforesaid order and due to the nature of the issue raised in the suit, the honourable Justice Njoroge, was very categorical that the orders were to be effective pending the hearing and determination of this suit.
c) In the blatant disobedience of the court orders afore said, the respondents have continued to not honour the order and held parties to ransom with the determination of the suit pegged on their visit.
d) The conduct of the respondents if left unchecked shall embolden the parties herein and other subject of the honourable court to defy and disregard its orders.
e) The course of justice in these proceedings has been subverted and prejudiced by the conduct of the 1st and 2nd respondents.
f) A party in contempt of court cannot be heard until he/she has purged her contempt.
g) The conduct of the respondents aforesaid not only deprives the defendant/applicant right to enjoy private property but also expose the court to ridicule.
h) It is in the interest of administration of justice that officer commanding police station, Meru Police Station be directed to enforce the said orders so as to ensure that the dignity of the honourable court is upheld.
The parties presented a consent dated 5. 10. 2015 which they asked the court to adopt as an order of the Court. The Consent was in the following terms:
“By consent we agree to attend the demarcation to mark boundaries of suit lands in company of the District Land Registrar, the District Surveyor and Counsels for both parties (Defendant and Plaintiff) on the 9th of October, 2015. ”
The consent has been duly signed by all the advocates representing the parties. The consent has been adopted as an order of this Court. Parties are to come back to Court on 5. 11. 2015 to confirm compliance with the Consent Order.
I award no costs.
Delivered in Open Court at Meru this 5th day of October, 2015 in the presence of:
Cc: Lilian/Daniel
Kiongo for 1st and 2nd Defendant
Kamwaro – District Land Registrar
Ondari for Plaintiff
Mutuma for Defendant
P. M. NJOROGE
JUDGE