[2021] KEHC 3818 (KLR)

[2021] KEHC 3818 (KLR)

The court found that the applicant failed to establish who was resisting the resurvey of the suit parcel of land as previously ordered. Without evidence identifying the party or parties obstructing the court's order, there was no justification for involving the police to provide protection for the County Surveyor....

Source-derived case information.

Citation
[2021] KEHC 3818 (KLR)
Parties
Applicant: Mary Sambai Bett
Court
High Court
Court Station
High Court at Kitale
Jurisdiction
Kenya
Case Number
Probate & Administration 52 of 1999
Procedural Posture
Succession Application / Ruling on Application for Police Protection During Resurvey
Outcome
application dismissed
Judges
LK Kimaru
Legal Topics
Succession Dispute, Estate Administration, Resurvey of Land
Source Language
en
Family and Children Succession Dispute Estate Administration Resurvey of Land

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Parties

Mary Sambai Bett

Applicant

Procedural Posture

Succession Application / Ruling on Application for Police Protection During Resurvey

Legal Issues

  1. 1 Whether the applicant is entitled to police protection to facilitate the County Surveyor in conducting a resurvey of the suit parcel of land.
  2. 2 Whether the application discloses any party resisting the resurvey as ordered by the court.
  3. 3 Whether contempt proceedings are the appropriate remedy against those resisting court orders.

Ratio Decidendi

The court found that the applicant failed to establish who was resisting the resurvey of the suit parcel of land as previously ordered. Without evidence identifying the party or parties obstructing the court's order, there was no justification for involving the police to provide protection for the County Surveyor. The court emphasized that the proper legal remedy for non-compliance with a court order is to cite the resisting party for contempt of court, not to seek police intervention against unidentified third parties. Consequently, the application for police protection lacked merit and was dismissed.

Court Disposition

application dismissed

Orders

  • The application for police protection to facilitate the County Surveyor's resurvey is dismissed.