[2017] KEELC 497 (KLR)
The court found that the issues raised in the present application had already been determined in a previous suit (Case No. 608 of 2012), where an order was issued for the Uasin Gishu District Surveyor and Land Registrar to mark the boundaries between the disputed parcels. The plaintiff in the current matter was the...
Source-derived case information.
- Citation
- [2017] KEELC 497 (KLR)
- Parties
- Plaintiff: Geoffrey Kipkemboi Lelei; Defendant: Alice Jepkoech Yano
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 125 of 2016
- Procedural Posture
- Injunction Application / Ruling on Interlocutory Application
- Outcome
- application dismissed
- Judges
- A Ombwayo
- Legal Topics
- Injunctions, Boundary Disputes, Res Judicata
- 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
Geoffrey Kipkemboi Lelei
Plaintiff
Alice Jepkoech Yano
Defendant
Procedural Posture
Injunction Application / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the plaintiff is entitled to an injunction restraining the defendant from interfering with parcel Eldoret/Municipality Block 15/1889.
- 2 Whether the court should order the County Land Registrar and District Land Surveyor to mark the boundary between the disputed parcels.
- 3 Whether the matter is res judicata in light of previous orders issued in Case No. 608 of 2012.
Ratio Decidendi
The court found that the issues raised in the present application had already been determined in a previous suit (Case No. 608 of 2012), where an order was issued for the Uasin Gishu District Surveyor and Land Registrar to mark the boundaries between the disputed parcels. The plaintiff in the current matter was the 6th respondent in the earlier case, and the court had already made a substantive order on the boundary issue. Therefore, the doctrine of res judicata applied, barring the plaintiff from re-litigating the same issues. The application for injunction and further orders was dismissed as it lacked basis, having already been addressed by the court.
Court Disposition
application dismissed
Orders
- The application dated 20.5.2016 is dismissed with costs to the defendant.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA AT ELDORET
E & L CASE NO. 125 OF 2016
GEOFFREY KIPKEMBOI LELEI............................PLAINTIFF
VERSUS
ALICE JEPKOECH YANO..................................DEFENDANT
RULING
Geoffrey Kipkemboi Lelei, (hereinafter referred to as the applicant)has come to court against Alice Jepkoech Yano, praying for an injunction restraining the defendant, her agents, police officers, auctioneers and others from encroaching, evicting, demolishing structures on the plaintiff’s parcel of land known as Eldoret/Municipality Block 15/1889. The plaintiff pray that the court does issue an order authorizing the County Land Registrar and the District Land Surveyor to mark the boundary between the land registration NO. Eldoret/Municipality Block 15/1889 and Eldoret/Municipality Block 15/2051 and a report be furnished to the court.
The application is based on grounds that the plaintiff/applicant is the registered owner of that parcel of land namely Eldoret/Municipality Block 15/1889. That the defendant/respondent herein is a neighbor to the plaintiff and the proprietor of that parcel of land namely Eldoret/Municipality Block 15/2015. That the plaintiff/applicant has a common boundary with the defendant/respondent. The parcel of land namely Eldoret Municipality Block 15/2051 has no physical boundaries on the ground and hence have been affected with the eviction orders already going on. The plaintiff’s parcel of land namely Eldoret/Municipality Block 15/1889 has been developed whereas the defendant has laid a claim over ownership of the plot belonging to the plaintiff/applicant.
That it will therefore be in the interest of justice if injunction is issued and the County Surveyor, Uasin Gishu County be ordered to mark the foresaid parcel of land and indicate its physical boundaries. That this application has been brought promptly and in utmost good faith. That it is in the interest of justice that this application be allowed. That the Honourable court has jurisdiction to grant the orders sought. The supporting affidavit of Geoffrey Kipkemboi Lelei reiterates the grounds of opposition.
The defendant on her part states that this sit is misconceived as eviction was carried out on her land parcel number Eldoret/Municipality/Block 15/2051. The land has been surveyed, demarcated and fenced off.
I have considered the application and supporting affidavit and rival submissions and do find that on the 20. 4.2015, this court issued an order that the Uasin Gishu District Surveyor and Uasin Gishu Land Registrar do mark the boundaries between land parcels Eldoret/Municipality/Block 15/2051 and Block 15/1889 and provides a report to court. The costs of the survey were to be borne by the 6th respondent in that matter. The 6th respondent in Case No. 608 of 2012 is the plaintiff in this matter. The issues raised are the same. This court has made a determination and an order issued. I do find that the entire suit is res-judicata as the court has already made an order that the Land Registrar, Uasin Gishu should go on the ground and determine the boundary. The application dated 20. 5.2016 has no basis and the same is dismissed with costs.
Dated and delivered at Eldoret this 24th day of November, 2017.
A. OMBWAYO
JUDGE