[2014] KEHC 2866 (KLR)

[2014] KEHC 2866 (KLR)

The court determined that the only issue for resolution was whether the plaintiff’s plot size had been reduced. To resolve this, the court ordered the District Land Registrar and Provincial Land Surveyor to physically visit and measure the two plots in question using the original 1965 map. The plaintiff was directed...

Source-derived case information.

Citation
[2014] KEHC 2866 (KLR)
Parties
Plaintiff: Japheth N. Welekheshia; Defendant: William Ambuli Kutwa; Defendant: Attorney General
Court
High Court
Court Station
High Court at Kakamega
Jurisdiction
Kenya
Case Number
Civil Case 5 of 1999
Procedural Posture
Civil Case / Directions Prior to Judgment
Outcome
Directions issued for extraction and service of court order for survey; judgment deferred pending compliance.
Judges
SJ Chitembwe
Legal Topics
Land Adjudication, Land Acreage Dispute, Land Survey, Settlement Scheme, Land Registrar Powers
Source Language
en
Land and Property Land Adjudication Land Acreage Dispute Land Survey Settlement Scheme Land Registrar Powers

Source-derived case record

Summary, issues, holding and outcome

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Parties

Japheth N. Welekheshia

Plaintiff

William Ambuli Kutwa

Defendant

Attorney General

Defendant

Procedural Posture

Civil Case / Directions Prior to Judgment

Legal Issues

  1. 1 Whether the plaintiff’s plot was reduced from 115 acres to 105 acres on 18/12/2013.
  2. 2 Whether the court order for survey and verification of acreage was complied with.

Ratio Decidendi

The court determined that the only issue for resolution was whether the plaintiff’s plot size had been reduced. To resolve this, the court ordered the District Land Registrar and Provincial Land Surveyor to physically visit and measure the two plots in question using the original 1965 map. The plaintiff was directed to meet the costs of the survey. The court noted that its previous order for this exercise had not been extracted and served, and therefore directed that the order be extracted and served to ensure compliance and facilitate the factual determination necessary for judgment.

Court Disposition

Directions issued for extraction and service of court order for survey; judgment deferred pending compliance.

Orders

  • The court order for survey and verification of acreage is to be extracted and served upon the Kakamega District Land Registrar and the Provincial Land Surveyor.
  • The plaintiff shall meet the costs of the survey exercise.