[2012] KEHC 4111 (KLR)
The court determined that the central issue is a boundary dispute between two registered landowners, which had previously been addressed by both the Land Disputes Tribunal and the Resident Magistrate’s Court. Both forums had ordered the parties to invite the Government Surveyor and Land Registrar to demarcate the...
Source-derived case information.
- Citation
- [2012] KEHC 4111 (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 / Interlocutory Order
- Outcome
- Interlocutory order for boundary demarcation and report by Land Registrar and Surveyor; costs of exercise to be shared equally; mention for further orders.
- Legal Topics
- Boundary Disputes, Land Registration, Title Deeds
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robert Mbuthia Njeru
Plaintiff
Ngari Njeru
Defendant
Procedural Posture
Civil Case / Interlocutory Order
Legal Issues
- 1 Whether the boundary between the two parcels of land EVURORI/THAMBU/1527 and EVURORI/THAMBU/918 has been properly determined and marked.
- 2 Whether either party is trespassing on the other’s land.
- 3 Whether the parties have complied with previous court and tribunal orders regarding boundary demarcation.
Ratio Decidendi
The court determined that the central issue is a boundary dispute between two registered landowners, which had previously been addressed by both the Land Disputes Tribunal and the Resident Magistrate’s Court. Both forums had ordered the parties to invite the Government Surveyor and Land Registrar to demarcate the boundary, but there was no evidence of compliance. The court held that further litigation would not resolve the matter unless the parties complied with these orders. Accordingly, the court directed the District Land Registrar and Land Surveyor (Mbeere) to visit the disputed parcels, mark the boundary, and file a report indicating any trespass. The costs of the exercise were to be...
Court Disposition
Interlocutory order for boundary demarcation and report by Land Registrar and Surveyor; costs of exercise to be shared equally; mention for further orders.
Orders
- The District Land Registrar and Land Surveyor (Mbeere) are directed to visit parcels EVURORI/THAMBU/1527 and EVURORI/THAMBU/918, mark the boundary, and file a report before the court.
- The report must indicate who, if anyone, is trespassing on the other’s land.
Full Case Text
Judgment text and source record
25 paragraphs
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REPUBLIC OF KENYA
IN THE HIGH COURT
AT EMBU
Civil Case 95 of 2010
ROBERT MBUTHIA NJERU ….. …………………………………….. PLAINTIFF
VERSUS
NGARI NJERU …………………… …………………………..…. DEFENDANT
C O U R T
I have perused the record of Land Disputes Tribunal – Mbeere Land Disputes Tribunal No.33 of 1998, and Resident Magistrate’s Court LDT NO.11/02 (Siakago). The issue therein which is the issue here is a pure boundary dispute.
The parties herein have distinct title deeds, and the Tribunal at the Siakago Court ordered them to invite a Government Surveyor and the Land Registrar to the disputed land to put the boundary in place. There is no evidence that they have done so. A multiplicity of cases will not assist the Plaintiff if he does not comply with Court orders. I therefore direct the District Land Registrar plus Land Surveyor (Mbeere) to visit the 2 parcels in issue i.e. EVURORI/THAMBU/1527 and EVURORI/THAMBU/918, mark the boundary and file a report before this Court.
The report should clearly indicate who between the two parties is trespassing on the other’s land.
Both the parties to share (equally) the costs by the two Government officers.
The parties are given 45 days within which to comply. Mention on 30/7/2012 for further orders.
DATED, SIGNED AND DELIVERED AT EMBU THIS 6TH DAY OF JUNE 2012.
H.I. ONG’UDI
JUDGE
In the presence of;
Both parties
C/c - Njue