[2017] KEELC 1489 (KLR)
The court found that the dispute between the parties concerns the boundaries of registered land parcels. The applicant demonstrated ownership of the land and provided evidence of the dispute. The respondent, despite being served, failed to oppose the application. The court held that it is appropriate to direct the...
Source-derived case information.
- Citation
- [2017] KEELC 1489 (KLR)
- Parties
- Applicant: Robert Rasiemwa Madollo; Respondent: Gerishom Kavogolo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 250 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application
- Outcome
- application granted
- Judges
- NA Matheka
- Legal Topics
- Boundary Disputes, Land Registration, Survey Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robert Rasiemwa Madollo
Applicant
Gerishom Kavogolo
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the applicant is entitled to an order for the County Surveyor and Land Registrar to determine and report on the boundaries of Land Parcel Numbers Kakamega/Buyonga/759 and 757.
- 2 Whether the application should be granted in the absence of opposition from the respondent.
Ratio Decidendi
The court found that the dispute between the parties concerns the boundaries of registered land parcels. The applicant demonstrated ownership of the land and provided evidence of the dispute. The respondent, despite being served, failed to oppose the application. The court held that it is appropriate to direct the County Surveyor and Land Registrar to visit the parcels in question, determine the boundaries, and file a report within sixty days. The applicant is to bear the costs of the exercise. The application was found to have merit and was granted accordingly.
Court Disposition
application granted
Orders
- The Vihiga County Surveyor and Land Registrar shall visit Land Parcel Numbers KAKAMEGA/BUYONGA/759 and 757, determine the boundaries, and file a report within sixty (60) days. The applicant shall bear the costs of this exercise.
- Costs of the application shall be in the cause.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KAKAMEGA
ELC CASE NO. 250 OF 2017
ROBERT RASIEMWA MADOLLO..............PLAINTIFF/APPLICANT
VERSUS
GERISHOM KAVOGOLO.....................DEFENDANT/RESPONDENT
RULING
This is dated 17th July 2017 and application seeks the folowing orders;
1. THAT this application be and the entire suit be certified as urgent and be heard on priority basis.
2. THAT the Vihiga County Surveyor and Land Registrar do visit Land Parcel Number KAKAMEGA/BUYONGA/759 and 757 and determine the boundaries and do file a report concerning the same.
3. Costs be in the cause.
The application is based on the annexed affidavit of ROBERT RASIEMWA MADOLLO. The applicant submits that, he is the legal owner of land Parcel Number Kakamega/Buyonga/759. The defendant herein is his neighbour. That he had brought people on the ground to assist him fence the stated parcel of land the defendant herein chased them and that is the cause of this suit. He therefore wishes to request the honourable court to issue an order directing the County Registrar and the Surveyor to come go to the ground and ascertain the boundaries herein and file a report concerning the same.
This court has considered the applicant’s submissions herein. The respondent was served with the hearing date but failed to attend court or file any papers in opposition. The applicant submitted that, he is the legal owner of land Parcel Number Kakamega/Buyonga/759 and a copy of the offical search is attached. The defendant herein is his neighbour. That he had brought people on the ground to assist him fence the stated parcel of land the defendant herein chased them and that is the cause of this suit. I find the dispute is on of boundaries and find the application has merit and grant the following orders;
1. THAT the Vihiga County Surveyor and Land Registrar do visit Land Parcel Number KAKAMEGA/BUYONGA/759 and 757 and determine the boundaries and do file a report concerning the same within the next sixty (60) days. The applicant is to bear the costs of this exercise.
2. Costs of the application be in the cause.
It is so ordered.
DELIVERED, DATED AND SIGNED AT KAKAMEGA IN OPEN COURT THIS 11TH DAY OF OCTOBER 2017.
N.A. MATHEKA
JUDGE