[2012] KEHC 1137 (KLR)
The court, having considered the reports of the District Land Registrar and District Surveyor, finds that the boundary between the parties' parcels has been officially marked in the presence of both parties and relevant local authorities. The reports and accompanying map clearly indicate which party, if any, is...
Source-derived case information.
- Citation
- [2012] KEHC 1137 (KLR)
- Parties
- Plaintiff: Robert Mbuthia Njeru; Defendant: Ngari Njeru
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Civil Case 95 of 2010
- Procedural Posture
- Civil Case / Directions After Surveyor and Registrar Reports, Before Further Hearing
- Outcome
- Matter to proceed for further hearing on a priority basis.
- Legal Topics
- Boundary Disputes, Trespass, Land Survey, Land Registrar Reports
- 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
Robert Mbuthia Njeru
Plaintiff
Ngari Njeru
Defendant
Procedural Posture
Civil Case / Directions After Surveyor and Registrar Reports, Before Further Hearing
Legal Issues
- 1 Whether the boundary between the parties' parcels of land has been properly determined by the District Land Registrar and Surveyor.
- 2 Whether either party is trespassing on the other's land as per the official reports.
Ratio Decidendi
The court, having considered the reports of the District Land Registrar and District Surveyor, finds that the boundary between the parties' parcels has been officially marked in the presence of both parties and relevant local authorities. The reports and accompanying map clearly indicate which party, if any, is trespassing. The court directs that the matter proceed for further hearing on a priority basis, relying on the official findings as the factual basis for subsequent proceedings.
Court Disposition
Matter to proceed for further hearing on a priority basis.
Orders
- The matter will proceed for further hearing on a date to be given on priority basis.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
High Court at Embu
Civil Case 95 of 2010 [if gte mso 9]><xml>
Normal 0
false false false
EN-GB X-NONE X-NONE
</xml><![endif][if gte mso 9]><![endif][if gte mso 10]> <style> /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-style-parent:""; line-height:115%; font-size:11. 0pt;"Calibri","sans-serif"; mso-bidi-"Times New Roman";} </style> <![endif]
ROBERT MBUTHIA NJERU..................PLAINTIFF/RESPONDENT
VERSUS
NGARI NJERU........................................DEFENDANT/APPLICANT
D I R E C T I O N S
I have read through the two reports filed by the District Land Registrar Mbeere and the District Surveyor Mbeere. They confirm marking the boundary in the presence of both parties, Land Surveyor, Chief Ndurumori and neighbours.
Their report and map clearly show who is trespassing on the other person's land. The parties were here on 9/10/2012 and both confirmed that indeed the officers came to the land.
My direction therefore is that the matter will now proceed for further hearing on a date to be given on priority basis.
DELIVERED, DATED AND SIGNED AT EMBU THIS 5TH DAY OF NOVEMBER 2012.
H.I. ONG’UDI
J U D G E
In the presence of:-
Plaintiff/Respondent
His son Evans Njeru Ngari
Njue CC