[2024] KEELC 1077 (KLR)
The court determined that the dispute centers on the validity of the Title Deed and the proper demarcation of boundaries for Ekerubo Settlement Scheme/34. Given conflicting positions on title issuance and boundary status, the court ordered that the matter proceed to full hearing, allowing parties to cross-examine...
Source-derived case information.
- Citation
- [2024] KEELC 1077 (KLR)
- Parties
- Plaintiff: Paul Ombongi Motuka; Defendant: The Land Registrar Nyamira; Defendant: David Ongeri Nyandwaro; Defendant: Ekerubo Farmers Co-oPerative Ltd; Defendant: The Attorney General of Kenya
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E006 of 2022
- Procedural Posture
- Environment and Land Case / Ruling on Preliminary Boundary and Title Dispute; Directions for Hearing
- Outcome
- Matter to proceed to hearing; parties granted liberty to cross-examine Land Registrar on report.
- Judges
- JM Kamau
- Legal Topics
- Land Registration, Boundary Disputes, Title Cancellation, Probate Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Ombongi Motuka
Plaintiff
The Land Registrar Nyamira
Defendant
David Ongeri Nyandwaro
Defendant
Ekerubo Farmers Co-oPerative Ltd
Defendant
The Attorney General of Kenya
Defendant
Procedural Posture
Environment and Land Case / Ruling on Preliminary Boundary and Title Dispute; Directions for Hearing
Legal Issues
- 1 Whether the Title Deed for Ekerubo Settlement Scheme/34 was properly issued to the Plaintiff and 2nd Defendant.
- 2 Whether the Land Registrar should act on the 2nd Defendant's request to cancel the Plaintiff's name from the Title Deed.
- 3 Whether the boundaries and road access to the suit land are properly fixed.
Ratio Decidendi
The court determined that the dispute centers on the validity of the Title Deed and the proper demarcation of boundaries for Ekerubo Settlement Scheme/34. Given conflicting positions on title issuance and boundary status, the court ordered that the matter proceed to full hearing, allowing parties to cross-examine the Land Registrar on the filed report. The court did not make a final determination on title or boundaries at this stage but directed that the issues be ventilated at trial, with all parties given opportunity to present evidence and challenge the Land Registrar's findings.
Court Disposition
Matter to proceed to hearing; parties granted liberty to cross-examine Land Registrar on report.
Orders
- Case to be fixed for hearing.
- Each party may call the Land Registrar for cross-examination on the report.
Full Case Text
Judgment text and source record
27 paragraphs
Motuka v Land Registrar Nyamira & 3 others (Environment & Land Case E006 of 2022) [2024] KEELC 1077 (KLR) (19 February 2024) (Ruling)
Neutral citation: [2024] KEELC 1077 (KLR)
Republic of Kenya
In the Environment and Land Court at Nyamira
Environment & Land Case E006 of 2022
JM Kamau, J
February 19, 2024
Between
Paul Ombongi Motuka
Plaintiff
and
The Land Registrar Nyamira
1st Defendant
David Ongeri Nyandwaro
2nd Defendant
Ekerubo Farmers Co-oPerative Ltd
3rd Defendant
The Attorney General of Kenya
4th Defendant
Ruling
1. The dispute herein concerns the parcel of land known as Ekerubo Settlement Scheme/34 which the Plaintiff claims was at all material times registered in the names of the 2nd Defendant and himself. But that the 2nd Defendant has now written to the 1st Defendant to the effect that the Title Deed be cancelled so that this name is removed and the Plaintiff seeks that the above instructions are not acted upon.
2. On the contrary the 2nd and 3rd Defendant deny this and claim that the Title Deed was issued in error for want of probate which the 1st Defendant should correct.
3. The issue then turned to be that of boundary dispute and on 10/5/2023 I ordered the Land Registrar to visit the suit land for purposes of determining the boundaries of the parcel of land before hearing the case. The same was filed on 8/11/2023. It is dated 7/11/2023.
4. The Report states that Ekerubo Settlement Scheme/34 was resurveyed on 24/10/2023 showing a sketch of the same. The acreage of the parcel of land is 50 Acres.
5. Subsequently, the Plaintiff filed his comments on the same on 29/11/2023 and the 2nd and 3rd Defendants filed theirs on 13/12/2023. While the Plaintiff urged that the Road of access to the suit land should be fixed on the ground and beacons along the external boundary fixed, the 2nd and 3rd Defendants urge that there is no such need because there is already another road of access and that as for the external boundary the same is already fixed.
6. In the premises I invite the parties to have the case fixed for Hearing. Each party is at liberty to call the Land Registrar for cross-examination on the Report. This is the order of the court.
RULING DATED, SIGNED AND DELIVERED AT NYAMIRA THIS 19TH DAY OF FEBRUARY 2024. MUGO KAMAUJUDGEIn the presence of: -Court Assistant - BrendaMr. Rono for the PlaintiffMr. Ondigo for the 2nd and 3rd Defendants.Mr. Nderitu for the 1st and 4th Defendants