[2014] KEHC 4999 (KLR)
The court found that the Land Registrar failed to comply with the Appeals Committee's order because he did not determine the boundary between the two parcels of land according to their specified acreage. The Registrar's report was therefore not admitted. The court directed the Land Registrar to revisit the parcels...
Source-derived case information.
- Citation
- [2014] KEHC 4999 (KLR)
- Parties
- Appellant: Lawrence Kairu Nyambura; Respondent: Moses Kinyuru Gathogo
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 110 of 2008
- Procedural Posture
- Civil Appeal / Ruling on Compliance With Appeals Committee Order
- Outcome
- Report of the Land Registrar not admitted; Land Registrar directed to comply with Appeals Committee order within 30 days or face contempt.
- Judges
- A Ombwayo
- Legal Topics
- Land Boundaries, Land Registrar Powers, Appeals Committee Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Lawrence Kairu Nyambura
Appellant
Moses Kinyuru Gathogo
Respondent
Procedural Posture
Civil Appeal / Ruling on Compliance With Appeals Committee Order
Legal Issues
- 1 Whether the Land Registrar complied with the Appeals Committee order regarding determination of the boundary between parcels 738 and 739 according to acreage.
- 2 Whether the report by the Land Registrar should be admitted by the court.
Ratio Decidendi
The court found that the Land Registrar failed to comply with the Appeals Committee's order because he did not determine the boundary between the two parcels of land according to their specified acreage. The Registrar's report was therefore not admitted. The court directed the Land Registrar to revisit the parcels and determine the boundary such that NYERI/WATUKA/739 measures 39.0 hectares and NYERI/WATUKA/738 measures 29.0 hectares, with a report to be filed within 30 days. Failure to comply would result in the Land Registrar being committed to jail for six months for contempt of court.
Court Disposition
Report of the Land Registrar not admitted; Land Registrar directed to comply with Appeals Committee order within 30 days or face contempt.
Orders
- The report of the Land Registrar is not admitted.
- The Land Registrar is directed to return to the parcels and determine the boundary according to acreage: NYERI/WATUKA/739 to measure 39.0 hectares and NYERI/WATUKA/738 to measure 29.0 hectares.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
ENVIRONMENT & LAND COURT
CIVIL APPEAL NO.110 OF 2008
LAWRENCE KAIRU NYAMBURA..…..................................APPELLANT
VERSUS
MOSES KINYURU GATHOGO….....................................RESPONDENT
R U L I N G
The subject matter herein is the decision of Provincial Appeals Committee made on the 10/12/2008. The committee decided that the District Land Registrar Nyeri do visit the site and settle the dispute of the boundaries of the two parcels of land 738 and 739. The Land Registrar Nyeri visited the parcel of land and made a decision. This court finds that the decision does not conform with the order of the appeals committee as the land registrar has not considered the acreage of the two parcels of land. I do find that the Land Registrar has not complied with the order of the Appeals Committee as he has not determined the boundary between the two parcels of land according to acreage and therefore the report is not admitted. This court directs the land registrar to return to the parcel of land and determine the boundary of the two parcels of land according to acreage thus NYERI/WATUKA/739 to measure 39. 0 hectares and NYERI/WATUKA/738 to measure 29. 0 hectares. This exercise to be undertaken within 30 days and a report be filed in court within the said period, failure of which the land registrar to be committed to jail for six months for contempt.
Dated, signed and delivered at Nyeri this 16th Day of May 2014
A. OMBWAYO
JUDGE