[2024] KEELC 872 (KLR)
The court found that the boundary position of Marsabit/Jirme/572 had already been determined and beacons placed by the Chief Land Registration Officer, as confirmed by both the officer and the plaintiff. Since the substantive relief sought by the plaintiff had been satisfied prior to judgment, there was no longer a...
Source-derived case information.
- Citation
- [2024] KEELC 872 (KLR)
- Parties
- Plaintiff: Abdinassir Abdirahim Mohammed; Defendant: Lawrence Daniel Kiriinya; Defendant: The County Surveyor Isiolo County Government
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E002 of 2021
- Procedural Posture
- Environment and Land Case / Judgment
- Outcome
- suit marked as closed; no order as to costs
- Judges
- PM Njoroge
- Legal Topics
- Boundary Determination, Land Registration, Beacon Placement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdinassir Abdirahim Mohammed
Plaintiff
Lawrence Daniel Kiriinya
Defendant
The County Surveyor Isiolo County Government
Defendant
Procedural Posture
Environment and Land Case / Judgment
Legal Issues
- 1 Whether the boundary position of Marsabit/Jirme/572 should be determined and beacons placed as requested by the plaintiff.
- 2 Whether there are any outstanding issues after the Chief Land Registration Officer's report.
Ratio Decidendi
The court found that the boundary position of Marsabit/Jirme/572 had already been determined and beacons placed by the Chief Land Registration Officer, as confirmed by both the officer and the plaintiff. Since the substantive relief sought by the plaintiff had been satisfied prior to judgment, there was no longer a live dispute for the court to determine. Accordingly, the court marked the file as closed and made no order as to costs.
Court Disposition
suit marked as closed; no order as to costs
Orders
- This file is marked closed.
- No order as to costs.
Full Case Text
Judgment text and source record
21 paragraphs
Mohammed v Kiriinya & another (Environment & Land Case E002 of 2021) [2024] KEELC 872 (KLR) (26 February 2024) (Judgment)
Neutral citation: [2024] KEELC 872 (KLR)
Republic of Kenya
In the Environment and Land Court at Isiolo
Environment & Land Case E002 of 2021
PM Njoroge, J
February 26, 2024
Between
Abdinassir Abdirahim Mohammed
Plaintiff
and
Lawrence Daniel Kiriinya
1st Defendant
The County Surveyor Isiolo County Government
2nd Defendant
Judgment
1. The plaintiff in his plaint dated 18th October, 2021 seeks the following orders;1. An order compelling the 1st defendant to determine the boundary position of Marsabit/Jirme 572 and place beacons thereof belonging to the plaintiff herein.2. Costs of this suit.3. Any other relief the court deems fit to grant.
2. On 26/2/2024 the Chief Land Registration Officer, Isiolo/Marsabit confirmed that he had determined the boundary position of Marsabit/Jirme/572 and placed beacons thereof on 7th and 8th February, 2024 and had filed a report to this effect.
3. The plaintiff Abdinassir Abdirahim Mohammed confirmed the position narrated by the Chief Registration Officer.
4. In the circumstances, I issue the following orders;a.This file is marked closed.b.I issue no order as to costs.
DELIVERED IN OPEN COURT AT ISIOLO THIS 26TH DAY OF FEBRUARY, 2024 IN THE PRESENCE OF:Court Assistant: Balozi/RahmaKalama, Chief Registration Officer Isiolo/MarsabitMohammed - PlaintiffCaleb Mwiti holding brief for Otieno for the plaintiffHON. JUSTICE P.M NJOROGEJUDGE