[2019] KEELC 3933 (KLR)

[2019] KEELC 3933 (KLR)

The court found that both the plaintiff and the 1st to 5th defendants claim ownership of the suit land and possess title documents with differing registration numbers. The authenticity of these titles and the question of fraudulent acquisition can only be determined after a full hearing. However, to assist the court and parties in ascertaining the boundaries and the nature of the disputed property, it is appropriate to allow the plaintiff to commission a geo-spatial survey of the relevant parcels. The court held that permitting the survey would not prejudice the defendants, as it does not amount to a determination of ownership or confer possession. The court declined to allow fencing or...

Citation
[2019] KEELC 3933 (KLR)
Parties
Plaintiff: Numerical Machining Complex Ltd; Defendant: Athi Mlolongo Development Co. Ltd; Defendant: Jet Members Association; Defendant: Tupendane Vision S.H. Group; Defendant: Mavemba Members Association; Defendant: Naretoi Agencies; Defendant: Athi River Mlolongo S.H. Group
Court
Environment and Land Court
Court Station
Environment and Land Court at Machakos
Jurisdiction
Kenya
Judgment Date
29 March 2019
Case Number
Environment & Land Case 252 of 2010
Procedural Posture
Notice of Motion / Interlocutory Application Ruling
Outcome
Application partly allowed.
Judges
OA Angote
Legal Topics
Land Title Disputes, Forgery of Title Documents, Geo Spatial Survey, Proprietary Claims, Interlocutory Injunctions
Source Language
English
Land and Property Land Title Disputes Forgery of Title Documents Geo Spatial Survey Proprietary Claims Interlocutory Injunctions

Case Brief

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Parties

Numerical Machining Complex Ltd

Plaintiff

Athi Mlolongo Development Co. Ltd

Defendant

Jet Members Association

Defendant

Tupendane Vision S.H. Group

Defendant

Mavemba Members Association

Defendant

Naretoi Agencies

Defendant

Athi River Mlolongo S.H. Group

Defendant

Procedural Posture

Notice of Motion / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether the plaintiff should be allowed to commission a geo-spatial survey on the disputed land pending determination of the suit.
  2. 2 Whether the plaintiff should be allowed to fence the disputed land prior to determination of ownership.
  3. 3 Whether the County Commander should provide security for the survey and fencing exercise.

Ratio Decidendi

The court found that both the plaintiff and the 1st to 5th defendants claim ownership of the suit land and possess title documents with differing registration numbers. The authenticity of these titles and the question of fraudulent acquisition can only be determined after a full hearing. However, to assist the court and parties in ascertaining the boundaries and the nature of the disputed property, it is appropriate to allow the plaintiff to commission a geo-spatial survey of the relevant parcels. The court held that permitting the survey would not prejudice the defendants, as it does not amount to a determination of ownership or confer possession. The court declined to allow fencing or...

Court Disposition

Application partly allowed.

Orders

  • Plaintiff is permitted to commission a geo-spatial survey by Government and Private Surveyors on Land Registration Number 26699/30 (originally 11895/20), with report to be filed in court.
  • Plaintiff is permitted to commission a geo-spatial survey by Government and Private Surveyors on Land Registration Number 26700/2 (originally 11895/20), with report to be filed in court.