[2024] KEELC 3899 (KLR)
The court found that the majority of the issues in dispute had been resolved through the surveyor and land registrar's report, with only minor matters outstanding as raised by the plaintiffs. Given the recent launch of the AJS Narok County Action Plan and the suitability of the case for alternative dispute...
Source-derived case information.
- Citation
- [2024] KEELC 3899 (KLR)
- Parties
- Plaintiff: Joseph Malit Maeku & 60 others; Defendant: Nkurunah Ole Masikonde & 7 others
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 44 of 2017
- Procedural Posture
- Environment and Land Case / Ruling on Post Survey Report and Further Directions
- Outcome
- Parties referred to Alternative Justice System (AJS) for resolution of remaining issues; mention set for progress update.
- Judges
- CG Mbogo
- Legal Topics
- Boundary Disputes, Land Survey Reports, Alternative Justice System, Dispute Resolution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Malit Maeku & 60 others
Plaintiff
Nkurunah Ole Masikonde & 7 others
Defendant
Procedural Posture
Environment and Land Case / Ruling on Post Survey Report and Further Directions
Legal Issues
- 1 Whether the surveyor and land registrar's report sufficiently resolves the boundary and acreage disputes between the parties.
- 2 Whether the remaining issues raised by the plaintiffs should be determined by the court or referred to an Alternative Justice System (AJS).
Ratio Decidendi
The court found that the majority of the issues in dispute had been resolved through the surveyor and land registrar's report, with only minor matters outstanding as raised by the plaintiffs. Given the recent launch of the AJS Narok County Action Plan and the suitability of the case for alternative dispute resolution, the court determined that the remaining issues should be addressed through the Alternative Justice System. The court directed the parties to proceed to AJS via the Liaison office and allocated 90 days for the process, after which the matter would be mentioned to confirm progress. This approach aligns with the constitutional imperative to promote alternative dispute...
Court Disposition
Parties referred to Alternative Justice System (AJS) for resolution of remaining issues; mention set for progress update.
Orders
- Parties to proceed to Alternative Justice System (AJS) through the Liaison office for determination of the remaining issues.
- The AJS process to be completed within 90 days.
Full Case Text
Judgment text and source record
21 paragraphs
Maeku & 60 others v Masikonde & 7 others (Environment & Land Case 44 of 2017) [2024] KEELC 3899 (KLR) (30 April 2024) (Ruling)
Neutral citation: [2024] KEELC 3899 (KLR)
Republic of Kenya
In the Environment and Land Court at Narok
Environment & Land Case 44 of 2017
CG Mbogo, J
April 30, 2024
Between
Joseph Malit Maeku & 60 others
Plaintiff
and
Nkurunah Ole Masikonde & 7 others
Defendant
Ruling
1. Pursuant to an order dated 28th November, 2022, the parties herein agreed to compromise the pleadings and instead, have the District Surveyor and the District land Registrar visit the suit property, ascertain the boundaries, and confirm the acreage and thereafter file a report in court.
2. Indeed, a report was filed, dated 30th November, 2023. The plaintiff filed their written submissions dated 28th February, 2024. The defendants filed their written submissions dated 12th March, 2024.
3. According to the plaintiffs’, they felt that the report was 90% complete save for a few issues. On the other hand, the defendants and the Attorney General, were contented with the report and prayed that the same as the decision of the court.
4. Having considered the submissions filed by the parties, and whereas the plaintiff maintains that there are issues that need to be sorted out, I propose that for the remainder of the issues which the plaintiff has raised, that the parties explore Alternative Justice System. On 19th April, 2024, the Deputy Chief Justice launched the AJS Narok County Action Plan, giving way to the people of Narok County to settle disputes through alternative means available to them.
5. The instant case before this court is suitable for AJS since the parties have made great strides to see to it that the matter is finally put to rest. I propose that parties proceed to AJS through the Liaison office for determination of the remaining issues. I believe that 90 days would be sufficient to the parties to agree and arrive at a fair conclusion.
6. Mention on 17th September, 2024 to confirm the progress of the matter before AJS. It is so ordered.
DATED, SIGNED & DELIVERED VIA EMAIL ON THIS 30TH DAY OF APRIL, 2024. HON. MBOGO C.G.JUDGE30/04/2024. In the presence of: -Mr. Meyoki Pere – C.A