[2007] KEHC 1742 (KLR)
The court found that the defendant's application to set aside the award had already been dismissed and that the time for filing objections to the award had expired without any objections being filed. The court further noted that the District Physical Planner had amended the report as directed, ensuring that the...
Source-derived case information.
- Citation
- [2007] KEHC 1742 (KLR)
- Parties
- Plaintiff: Justus Nyaga Dan; Defendant: William Mwebia
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Civil Case 78 of 1996
- Procedural Posture
- Civil Case / Ruling on Application to Confirm Award as Judgment
- Outcome
- application allowed; award confirmed as judgment
- Legal Topics
- Boundary Disputes, Confirmation of Award, District Physical Planner Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Justus Nyaga Dan
Plaintiff
William Mwebia
Defendant
Procedural Posture
Civil Case / Ruling on Application to Confirm Award as Judgment
Legal Issues
- 1 Whether the award of the Meru South District Physical Planner should be confirmed as the judgment of the court.
- 2 Whether the time for filing objections to the award has expired without any objections being filed.
- 3 Whether the amended report by the District Physical Planner complies with the court's directions.
Ratio Decidendi
The court found that the defendant's application to set aside the award had already been dismissed and that the time for filing objections to the award had expired without any objections being filed. The court further noted that the District Physical Planner had amended the report as directed, ensuring that the parties were properly identified by name. As a result, there was no legal impediment to confirming the award as the judgment of the court regarding the boundary dispute between the plaintiff and the defendant.
Court Disposition
application allowed; award confirmed as judgment
Orders
- The award of the Meru South Physical Planner is entered as the judgment of the court as to the boundary of the plot between the plaintiff and the defendant.
- No order as to costs; each party to bear his own costs.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU
Civil Case 78 of 1996
JUSTUS NYAGA DAN……………………………………………….PLAINTIFF
VERSUS
WILLIAM MWEBIA……………………………......………………DEFENDANT
RULING
Application dated 13/6/2002 seeks orders (1). The award dated 15/7/98 and read to parties on 18/2/2002 be confirmed as Judgment of the court. On the grounds that the time allowed for objections has expired and no objections were filed within the time allowed. The application is supported by sworn affidavit of plaintiff. It is on record that the Defendant filed an application to protest the findings of the Meru South District Physical planner which was read in court. The Respondents application was received in court on 5/3/2002 seeking to set aside the report read to parties on 18/2/2002. Subsequently the Defendant’s application dated 25/2/2002 was dismissed by Justice Lenaola on 16/9/2005. But on the same date the court ordered District Physical Planner Meru South to amend the report so that references to the parties is clearly by names and not merely developer on the right or the one on the left. The said officer has rectified and amended the report by naming the developers by name. The report is dated 16/10/2006. Since this court has dismissed the Defendants application to set aside the award made by the Physical Planner aforesaid and such the said award has been amended on court’s order. The application dated 13/6/2002 is allowed. The award of the Meru South Physical Planner is hereby entered as a Judgment of this court as to the boundary of the plot between plaintiff and the defendant.
No order as to costs. Each party to bear his own costs.
It is so ordered.
Dated this 19th September, 2007.
J. N. KHAMINWA
JUDGE
19/9/2007
Khaminwa –Judge
Njue – Clerk
Mr. Omwoyo for Defendant
J. N. KHAMINWA
JUDGE