[2016] KEELC 1040 (KLR)
The court determined that the most effective way to resolve the boundary dispute between the parties is to direct the District Land Registrar and District Surveyor to visit the suit parcels, with all parties and their representatives present, to address and solve the boundary issues. The court adopted the parties'...
Source-derived case information.
- Citation
- [2016] KEELC 1040 (KLR)
- Parties
- Plaintiff: Rahab Mumbi Kimani; Defendant: Damaris Wanjiku Gachoka
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 570 of 2008
- Procedural Posture
- Civil Suit / Ruling on Interlocutory Orders Regarding Boundary Dispute and Site Visit
- Outcome
- Interlocutory orders granted by consent; site visit and reporting process ordered.
- Legal Topics
- Boundary Disputes, Land Survey, Site Visits, Land Registrar Powers
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Rahab Mumbi Kimani
Plaintiff
Damaris Wanjiku Gachoka
Defendant
Procedural Posture
Civil Suit / Ruling on Interlocutory Orders Regarding Boundary Dispute and Site Visit
Legal Issues
- 1 Whether the boundary dispute between the parties can be resolved through a site visit by the District Land Registrar and District Surveyor.
- 2 Who should bear the costs of the site visit and preparation of reports.
- 3 Whether the parties' consents should be adopted as orders of the court.
Ratio Decidendi
The court determined that the most effective way to resolve the boundary dispute between the parties is to direct the District Land Registrar and District Surveyor to visit the suit parcels, with all parties and their representatives present, to address and solve the boundary issues. The court adopted the parties' consents as its orders, thereby formalizing the agreed process for resolving the dispute. The plaintiff is to bear the costs incurred by the District Land Registrar and District Surveyor for the site visit and report preparation. The court also directed that the relevant documents concerning the acquisition of the parcels be availed and that the independent surveyors may file...
Court Disposition
Interlocutory orders granted by consent; site visit and reporting process ordered.
Orders
- District Land Registrar and District Surveyor to visit the suit parcels to address and solve the boundary issues.
- All parties, their advocates, independent surveyors, and witnesses to be present during the visit.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA AT NAIROBI
MILLIMANI COMMERCIAL COURT)
CIVIL SUIT 570 OF 2008
RAHAB MUMBI KIMANI.................................................................PLAINTIFF
VERSUS
DAMARIS WANJIKU GACHOKA..............................................DEFENDANT
R U L I N G
After consideration of the various issues germane to this suit, this Court issues the following orders:-
By Consent of the parties, the District Land Registrar and the District Surveyor to visit the suit parcels of land with a view to addressing and solving the boundary issues apposite thereto.
During the visit, all the parties, their Advocates, their independent Surveyors and their witnesses to be present.
The visit be conducted any date after 15/6/2016 depending on the availability of the District Land Registrar and the District Surveyor.
By consent, the Plaintiff to meet costs to be incurred by the District Land Registrar and the District Surveyor during the site visit and during the presentation of their report or reports on 18/7/2016 at Meru Law Courts.
Their independent surveyors may file their separate reports, if they so wish.
The two consents proferred by the parties for adoption are adopted as orders of the Court and form the primary basis for the orders issued by the Court today.
For avoidance of doubt , the District Land Registrar to avail documents concerning the acquisitions of the 2 parcels of land germane to this dispute.
The Plaintiff to serve upon the District Land Registrar and the District Surveyor, the orders issued by this Court today, within 10 days of today.
Summons to issue for the District Land Registrar and the District Surveyor, Kiambu, to come to Court to give evidence on 18/7/2016 with regard to their report or reports concerning the site visit ordered by this Court today.
10) Directions, by consent, on 18/7/2016.
Delivered in open Court at Meru this 21st day of March, 2016 in the presence of:-
CC: Daniel/Lilian
Ibrahim Mwangi for the Plaintiff
Kariuki Owesi for the Defendant
P. M. NJOROGE
JUDGE