[2018] KEELC 3727 (KLR)
The court found that the Deputy Registrar's scene visit report was incomplete because it failed to include parcel No. Kiirua Nkando/326, which was specifically required by the court's earlier directions. This omission rendered the report inconclusive and unsuitable as a basis for determining the pending...
Source-derived case information.
- Citation
- [2018] KEELC 3727 (KLR)
- Parties
- Plaintiff: Fredrick T. Phares Rutere; Defendant: Lucia M’Muchiri; Defendant: Kirema M’Muchiri; Defendant: Joy M’Muchiri
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 316 of 2017
- Procedural Posture
- Land and Property Dispute / Interlocutory Ruling on Scene Visit Report and Directions
- Outcome
- Ruling deferred pending clarification on omission of parcel No. Kiirua Nkando/326 in the scene visit report.
- Legal Topics
- Land Ownership, Scene Visit Reports, Court Directions, Parcel Identification
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick T. Phares Rutere
Plaintiff
Lucia M’Muchiri
Defendant
Kirema M’Muchiri
Defendant
Joy M’Muchiri
Defendant
Procedural Posture
Land and Property Dispute / Interlocutory Ruling on Scene Visit Report and Directions
Legal Issues
- 1 Whether the Deputy Registrar's scene visit report adequately captured the relevant parcels of land as directed by the court.
- 2 Whether the omission of parcel No. Kiirua Nkando/326 in the report affects the court's ability to make a ruling on the applications.
Ratio Decidendi
The court found that the Deputy Registrar's scene visit report was incomplete because it failed to include parcel No. Kiirua Nkando/326, which was specifically required by the court's earlier directions. This omission rendered the report inconclusive and unsuitable as a basis for determining the pending applications. The court emphasized that both parties and their advocates had a duty to ensure that the correct parcels were identified and included in the report. As a result, the court could not proceed to make a substantive ruling on the applications until the parties clarified the omission and ensured compliance with the court's orders.
Court Disposition
Ruling deferred pending clarification on omission of parcel No. Kiirua Nkando/326 in the scene visit report.
Orders
- Ruling on the two applications is put on hold until parties clarify why land parcel No. 326 is not mentioned in the Deputy Registrar's report.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC CASE NO. 316 OF 2017
FREDRICK T. PHARES RUTERE.....................................PLAINTIFF
VERSUS
LUCIA M’MUCHIRI.................................................1ST DEFENDANT
KIREMA M’MUCHIRI............................................2ND DEFENDANT
JOY M’MUCHIRI.....................................................3RD DEFENDANT
RULING
1. This ruling is in respect of case no 319 of 2017 and 316 of 2017.
2. On 6. 11. 2017, this court gave directions regarding the scene visit whereby the Deputy Registrar’s report was to capture who is in occupation and utilization of the two parcels of land and the developments there on.
3. The scene visit report appears to capture the suit land as title no. Kiirua/Nkando/3406 yet parcel No. Kiirua Nkando/326 was to be included (noting that this appears to be the suit land). The scene visit report is hence in conclusive and cannot guide the court to make a ruling in terms of the court’s orders of 27. 2.2018.
4. The parties and their advocates had a duty to guide the Deputy Registrar on where the two parcels of land were situated. The ruling in respect of the two applications is hence put on hold until the parties clarify on why land parcel no. 326 is not mentioned in the report.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS DAY OF 18th APRIL, 2018 IN THE PRESENCE OF:-
Court Assistant:Janet/Galgalo
Kiongo holding brief for Mwenda Mwarania for plaintiff present
Gichunge for defendant present
HON. LUCY. N. MBUGUA
ELC JUDGE