[2025] KEELC 3183 (KLR)
The court found that the application was meritorious and tailored to meet the ends of justice. The applicant had demonstrated the necessity for the County Surveyor to visit the suit land to ascertain acreage and occupation, which would assist the court in resolving the dispute with certainty. The respondent, though...
Source-derived case information.
- Citation
- [2025] KEELC 3183 (KLR)
- Parties
- Applicant: Julius Kipchirchir Rotich; Respondent: Kimberly Jepkoech Kirui (Sued as the legal representative of the Estate of Jane Jepkemboi Kirui - Deceased)
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kapsabet
- Jurisdiction
- Kenya
- Case Number
- Land Case E006 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application for Survey and Report
- Outcome
- application allowed
- Judges
- GMA Ongondo
- Legal Topics
- Land Survey, Ascertainment of Acreage, Occupation of Land, Interlocutory Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Kipchirchir Rotich
Applicant
Kimberly Jepkoech Kirui (Sued as the legal representative of the Estate of Jane Jepkemboi Kirui - Deceased)
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application for Survey and Report
Legal Issues
- 1 Whether the court should order the County Surveyor to visit the suit land to ascertain acreage and occupation.
- 2 Whether security should be provided to the County Surveyor during the exercise.
- 3 Whether the application is meritorious in the absence of a response from the respondent.
Ratio Decidendi
The court found that the application was meritorious and tailored to meet the ends of justice. The applicant had demonstrated the necessity for the County Surveyor to visit the suit land to ascertain acreage and occupation, which would assist the court in resolving the dispute with certainty. The respondent, though duly served, failed to oppose the application. The court exercised its discretion under the Land Registration Act and relevant procedural law to grant the orders sought, specifically for the survey and provision of security during the exercise. The court directed that the surveyor's report be filed by a specified date to facilitate further proceedings.
Court Disposition
application allowed
Orders
- The County Surveyor Nandi County shall visit the locus quo (Nandi/Itigo/383) to ascertain the acreage and occupation thereof and compile a report to be filed in court.
- The OCS, Mosoriot Police Station or any other police station shall provide security to the County Surveyor during the exercise.
Full Case Text
Judgment text and source record
27 paragraphs
Rotich v Kirui (Sued as the legal representative of the Estate of Jane Jepkemboi Kirui - Deceased) (Land Case E006 of 2024) [2025] KEELC 3183 (KLR) (7 April 2025) (Ruling)
Neutral citation: [2025] KEELC 3183 (KLR)
Republic of Kenya
In the Environment and Land Court at Kapsabet
Land Case E006 of 2024
GMA Ongondo, J
April 7, 2025
Between
Julius Kipchirchir Rotich
Applicant
and
Kimberly Jepkoech Kirui (Sued as the legal representative of the Estate of Jane Jepkemboi Kirui - Deceased)
Respondent
Ruling
1. By a Notice of Motion application dated 24th February 2025 commenced under, inter alia, Article 50 of the Constitution of Kenya 2010 and sections 1A, 1B, 3, 3A and 18 of the Civil Procedure Act Chapter 21 Laws of Kenya, the applicant, Julius Kipchirchir Rotich through Cheruiyot Melly and Associates Advocates, is seeking the following orders;a.Spentb.That this Honourable court be pleased to order that the County Surveyor Nandi County do visit the locus quo otherwise known as Nandi/Itigo/383 (The suit land) to ascertain the acreage as well as occupation thereof and thereafter compile a Report and file the same in court within a period of time as may be determined by this Honourable Court.c.That the OCS, Mosoriot Police Station or any other police station to provide security to the County Surveyopr during the exercise.d.That the costs of the application be provided for.
2. The application is premised upon the applicant’s supporting affidavit as well as the grounds which include;a.That it is needful that the County Surveyor Nandi County does visit the locus quo otherwise known as Nandi/Itigo/383 to ascertain the acreage as well as occupation by each party and thereafter compile a Report and file the same in court within a period of time as may be determined by this Honourable court as this will enable the court to resolve the issues before it with certainty.b.That this application needs to be heard and security be provided on priority basis in order for this court to resolve the issues before it with certainty from the Report that will be provided by the County Surveyor.
3. The respondent was duly served thus, made aware of the existence of the application as disclosed in the affidavit of service sworn on 19th March 2025; see also Ogada v Mollin [2009] eKLR.
4. Besides, the respondent failed to reply to the application.
5. So, is the application merited?
6. The applicant has sought the principal order for the County Surveyor Nandi County to visit the locus quo and ascertain acreage and occupation of the suit land. The same is in consonant with sections 18 and 19 of the Land Registration Act 2016 [2012].
7. Clearly, the application is tailored to meeting the ends of justice.
8. So, find the application is steadfast and meritorious.
9. In the result, the application is hereby allowed in terms of the 2nd and 3rd prayers therein as set out in paragraph 1 (b) and (c) hereinabove.
10. The report of the County Surveyor Nandi County be filed in court before 28th May 2025 for mention.
11. Costs of the application be in the cause.
12. It is so ordered.
DATED AND DELIVERED AT KAPSABET THIS 7TH DAY OF APRIL 2025. G M A ONGONDOJUDGEPRESENTMr Biwott instructed by Cheruiyot Mellly and Associates Advocateslearned counsel for the applicantWalter, court assistant