[2023] KEELC 325 (KLR)
The court found that the surveyor's report confirmed the establishment and demarcation of the boundary for land parcel Kayamwa/Kayamo/Kwamo/389, and both parties acknowledged compliance with the court's previous orders. Therefore, the court held that the orders had been fully executed, the boundaries ascertained and...
Source-derived case information.
- Citation
- [2023] KEELC 325 (KLR)
- Parties
- Plaintiff: Moses Owino Odongo; Defendant: Albert Onyango
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 2 of 2022
- Procedural Posture
- Environment and Land Case / Ruling on Compliance With Boundary Ascertainment Orders
- Outcome
- Matter finalized; court orders fully complied with.
- Judges
- GMA Ongondo
- Legal Topics
- Land Boundary Disputes, Survey Reports, Execution of Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Owino Odongo
Plaintiff
Albert Onyango
Defendant
Procedural Posture
Environment and Land Case / Ruling on Compliance With Boundary Ascertainment Orders
Legal Issues
- 1 Whether the boundary of land parcel Kayamwa/Kayamo/Kwamo/389 has been ascertained and fixed in accordance with the court's previous orders.
- 2 Whether the parties have complied with the court's orders regarding boundary demarcation.
Ratio Decidendi
The court found that the surveyor's report confirmed the establishment and demarcation of the boundary for land parcel Kayamwa/Kayamo/Kwamo/389, and both parties acknowledged compliance with the court's previous orders. Therefore, the court held that the orders had been fully executed, the boundaries ascertained and fixed as required by law, and the matter was finalized.
Court Disposition
Matter finalized; court orders fully complied with.
Orders
- The boundaries of land parcel Kayamwa/Kayamo/Kwamo/389 are ascertained and fixed in accordance with the surveyor's report and the Land Registration Act.
- Both parties to comply accordingly.
Full Case Text
Judgment text and source record
25 paragraphs
Odongo v Onyango (Environment & Land Case 2 of 2022) [2023] KEELC 325 (KLR) (30 January 2023) (Ruling)
Neutral citation: [2023] KEELC 325 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment & Land Case 2 of 2022
GMA Ongondo, J
January 30, 2023
(Formerly Migori ELC Case No 97 of 2017)
Between
Moses Owino Odongo
Plaintiff
and
Albert Onyango
Defendant
(Formerly Migori Elc Case No. 97 Of 2017)
Ruling
1. This ruling relates to a report refer Sk/Co/Hb/Volv/130 dated April 7, 2022 by James Adada (surveyor) for county surveyor, Homa-Bay county. The report reads, inter alia;
Conclusion“After the establishment of the boundary for Kenyamwa/Kayamo/Kwamo/389 and erection of beacons all around it the order was deemed to have been fully executed and complied with”. 2. The report was made pursuant to this court’s orders of June 22, 2022.
3. The plaintiff, Moses Owino Odongo has confirmed that:“The orders of June 22, 2022 complied with”.
4. The defendant, Albert Onyango has affirmed the position as stated in paragraph 3 herein above.
5. In the premises, the boundaries of the suit land reference number Kayamwa/Kayamo/Kwamo/389, have been ascertained and fixed in accordance with sections 18 and 19 of the Land Registration Act, 2016 (2012).
6. Both parties in this suit to comply accordingly.
7. This matter is marked as finalized or determined.
8. It is so ordered.
DELIVERED, DATED AND SIGNED AT HOMA-BAY THIS 30TH DAY OF JANUARY 2023G.M.A ONG’ONDOJUDGEPresentPlaintiff, present in person.Defendant, present in person.Okello, court assistant