[2017] KEELC 1104 (KLR)
The court found that its previous orders regarding the provision and demarcation of a 6m access road to parcel Mwimbi/Chogoria/497 had been fully complied with, as confirmed by the District Surveyor's report. There being no outstanding issues or objections, the court held that the matter was settled and ordered the...
Source-derived case information.
- Citation
- [2017] KEELC 1104 (KLR)
- Parties
- Applicant: Jediel Miriti Nyaga (suing as the legal representative of the estate of Alice Nyaga); Respondent: County Government of Tharaka Nithi; Respondent: Phineas Njage Ndubi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 04 of 2017
- Procedural Posture
- Miscellaneous Application / Post Ruling Compliance Review and Final Settlement
- Outcome
- matter settled and file closed
- Judges
- FM Njoroge
- Legal Topics
- Access Roads, Land Demarcation, Compliance With Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jediel Miriti Nyaga (suing as the legal representative of the estate of Alice Nyaga)
Applicant
County Government of Tharaka Nithi
Respondent
Phineas Njage Ndubi
Respondent
Procedural Posture
Miscellaneous Application / Post Ruling Compliance Review and Final Settlement
Legal Issues
- 1 Whether the respondents complied with the court order to provide a 6m road of access to parcel Mwimbi/Chogoria/497.
- 2 Whether the matter should be marked as settled and the file closed.
Ratio Decidendi
The court found that its previous orders regarding the provision and demarcation of a 6m access road to parcel Mwimbi/Chogoria/497 had been fully complied with, as confirmed by the District Surveyor's report. There being no outstanding issues or objections, the court held that the matter was settled and ordered the file closed. The decision was based on the principle that compliance with court orders resolves the dispute and warrants closure of proceedings.
Court Disposition
matter settled and file closed
Orders
- The matter is recorded as settled.
- The file should be closed.
Full Case Text
Judgment text and source record
35 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA MISC. ELC CASE NO.04 OF 2017
FORMERLY MERU MISC ELC CASE NO.11 OF 2011
JEDIEL MIRITI NYAGA (SUING AS THE LEGAL REPRESENTATIVE OF
THE ESTATE OF ALICE NYAGA)……………………......….APPLICANT
VERSUS
COUNTY GOVERNMENT OF THARAKA NITHI.......1ST RESPONDENT
PHINEAS NJAGE NDUBI...........................................2ND RESPONDENT
RULING
1. I had made a ruling on 27th September, 2017. Consequent upon that Ruling, the District Surveyor, Chuka has made a report in the following terms:
Deputy Registrar
High court of Kenya at Chuka
RE: ELC CASE NO. 4 OF 2017
Pursuant to the court ruling delivered in open court at Chuka on 27. 9.2017, I would like to report to you as follows:
i) The 6m road of access leading to parcel number Mwimbi/Chogoria/497 has been provided from Mwimbi/Chogoria/3502, as directed by the Honourable Judge of the Environment and Land Court.
ii) The 6m road of access is open and properly demarcated on the ground.
iii) The upshot is that Mr. Phineas Ndubi has complied with the ruling.
iv) The exercise was done on 11. 10. 2017.
Kind regards.
Ken O. Opuge
District Surveyor, Chuka
Copied to:
District Land Registrar, Chuka
Physical Planner – Tharaka Nithi County Government.
2. The court’s orders have been obeyed. This matter is recorded as having been settled. The file should be closed.
3. It is so ordered.
Delivered in open court at Chuka this 2nd day of November, 2017 in the presence of:
CA: Ndegwa
Miss Njenga h/b Mwanzia for the 2nd Respondent
Jediel Miriti Njaga – Applicant
Phineas Njagi – 2nd Respondent
Mwiti for the Applicant
P.M. NJOROGE
JUDGE