[2025] KEELC 4789 (KLR)
The court found that the original order named the wrong police station for providing security during the land boundary survey. Since the suit lands are under the jurisdiction of Embali police station, amending the order is necessary to ensure the order is practical and enforceable. The application was unopposed, and...
Source-derived case information.
- Citation
- [2025] KEELC 4789 (KLR)
- Parties
- Applicant: Amos Onami Indata; Respondent: Elphas Asikiye Makanga
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Vihiga
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Miscellaneous Case E015 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Amend Court Order
- Outcome
- application allowed
- Judges
- E Asati
- Legal Topics
- Amendment of Court Orders, Police Security for Land Survey, Boundary Disputes, Jurisdiction of Police, Land Parcel Identification
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Amos Onami Indata
Applicant
Elphas Asikiye Makanga
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Amend Court Order
Legal Issues
- 1 Whether the court should amend its earlier order to substitute Embali police station for Luanda police station in providing security for a land boundary survey.
- 2 Whether the amendment is necessary for the effective execution of the court's previous order.
Ratio Decidendi
The court found that the original order named the wrong police station for providing security during the land boundary survey. Since the suit lands are under the jurisdiction of Embali police station, amending the order is necessary to ensure the order is practical and enforceable. The application was unopposed, and the amendment would facilitate the Land Registrar's work in determining the boundary between the specified parcels. The court therefore allowed the application and amended the order accordingly.
Court Disposition
application allowed
Orders
- The order dated 19th May, 2025 is amended to substitute Embali police station for Luanda police station.
- The OCS Embali police station shall provide security to the Land Registrar Vihiga County to survey and determine the common boundary line between parcels W/Bunyore/Ebusiekwe/2146 and 2145.
Full Case Text
Judgment text and source record
19 paragraphs
Indata v Makanga (Environment & Land Miscellaneous Case E015 of 2024) [2025] KEELC 4789 (KLR) (30 June 2025) (Ruling)
Neutral citation: [2025] KEELC 4789 (KLR)
Republic of Kenya
In the Environment and Land Court at Vihiga
Environment & Land Miscellaneous Case E015 of 2024
E Asati, J
June 30, 2025
Between
Amos Onami Indata
Applicant
and
Elphas Asikiye Makanga
Respondent
Ruling
1. The application seeks for an order amending the earlier court order dated 19th May, 2025 to read OCS Embali police station instead of Luanda police station.
2. It is the Applicant’s case that after the order dated 19th May, 2025 had been issued, the Applicant discovered that the suit lands namely; W/Bunyore/Ebusiekwe/2146 and 2145 are located in Emuhaya sub-county under the jurisdiction of Embali police station.The application was unopposed.
3. For the order dated 19th May 2025 to serve the purpose for which it was granted, it is necessary that the application be allowed and the order amended accordingly.
4. The application dated 24th June, 2025 is hereby allowed. The OCS Embali police station to provide security to the Land Registrar Vihiga County to survey and determine the common boundary line between parcels of land Numbers W/Bunyore/Ebusiekwe/2146 and 2145. No orders as to costs.Orders accordingly.
RULING, DATED AND SIGNED AT VIHIGA, READ VIRTUALLY THIS 30TH DAY OF JUNE 2025 THROUGH MICROSOFT TEAMS ONLINE APPLICATION.E. ASATI,JUDGE.In the presence of:Maureen- Court Assistant.Nanungi h/b for Luchivya for the Applicant.No appearance for the Respondent.