[2021] KEELC 3946 (KLR)
The court found that the plaintiff had provided credible and consistent evidence, supported by documentary exhibits, demonstrating that the defendant interfered with the boundary between the two parcels and frustrated attempts at administrative resolution. As the defendant failed to defend the suit, the plaintiff's...
Source-derived case information.
- Citation
- [2021] KEELC 3946 (KLR)
- Parties
- Plaintiff: Githiu Mwangi; Defendant: Mwangi Muiruri
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Thika
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 762 of 2017
- Procedural Posture
- Land and Property Suit / Judgment
- Outcome
- Judgment entered for the plaintiff as prayed in the plaint.
- Legal Topics
- Boundary Disputes, Land Parcels, Survey Alignment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Githiu Mwangi
Plaintiff
Mwangi Muiruri
Defendant
Procedural Posture
Land and Property Suit / Judgment
Legal Issues
- 1 Whether the defendant interfered with the boundary separating parcels Kiganjo/Gatei/1745 and Kiganjo/Gatei/1746.
- 2 Whether the plaintiff is entitled to an order for boundary alignment by the district surveyor.
- 3 Whether the plaintiff is entitled to costs.
Ratio Decidendi
The court found that the plaintiff had provided credible and consistent evidence, supported by documentary exhibits, demonstrating that the defendant interfered with the boundary between the two parcels and frustrated attempts at administrative resolution. As the defendant failed to defend the suit, the plaintiff's evidence was unchallenged. The court held that the plaintiff was entitled to the reliefs sought, including an order for the district surveyor to align the boundary and for the parties to be bound by the findings, as well as reimbursement of costs.
Court Disposition
Judgment entered for the plaintiff as prayed in the plaint.
Orders
- The district surveyor is directed to align the boundary between parcels Kiganjo/Gatei/1745 and Kiganjo/Gatei/1746.
- The parties are to be bound by the findings of the district surveyor.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT THIKA
ELC SUIT NO. 762 OF 2017
GITHIU MWANGI.........................................................PLAINTIFF/APPLICANT
VERSUS
MWANGI MUIRURI..............................................DEFENDANT/RESPONDENT
JUDGMENT
1. Vide a plaint filed on 2. 10. 2017, the plaintiff sued the defendant claiming that defendant had interfered with the boundaries separating parcels no. Kiganjo/Gatei/1745 and Kiganjo/Gatei/1746. The plaintiff owns the former parcel while defendant owns the latter one. The plaintiff hence seeks an order that the district surveyor be directed to align the boundary for the aforementioned two parcels, that the parties be bound by the findings thereof and that plaintiff be reimbursed in terms of costs.
2. The case was not defended and the matter proceeded for formal proof on 2. 9.2020.
3. The plaintiff who testified as pw1 adopted his statement recorded on 29. 9.2017 as his evidence. He also produced the documents in his list dated 29. 9.2017 as his exhibit 1-6.
4. Plaintiff contends that defendant has been interfering with the boundary between the two parcels and he has also frustrated plaintiff’s efforts to have the boundary aligned. They even tried to go to chief, then to the land registrar but defendant declined to attend so plaintiff was advised to seek court’s assistance.
5. I find that plaintiff’s evidence is in tandem with his pleadings. The documents availed by the plaintiff, particularly exhibits 3-6 clearly demonstrate that plaintiff has gone to great length to have the dispute resolved. In the circumstances, I find that plaintiff’s claim is merited. Judgment is hereby entered for the plaintiff against the defendant as set out in the plaint.
DATED AND SIGNED AT MERU THIS 4TH DAY OF MARCH, 2021
HON. LUCY N. MBUGUA
ELC JUDGE - MERU
DELIVERED AT THIKA THIS 18TH DAY OF MARCH 2021
HON. LUCY GACHERU
ELC JUDGE - THIKA