[2014] KEHC 221 (KLR)
The court found that allowing the application to have the District Land Registrar and Surveyor establish and/or fix the proper boundaries between the suit lands would not prejudice the defendant. The court considered the submissions and determined that the involvement of independent experts would ensure a fair and...
Source-derived case information.
- Citation
- [2014] KEHC 221 (KLR)
- Parties
- Plaintiff: Salosi, Kimathi Iruare alias Salesi Kimathi M'Irware; Defendant: Agnes Thura
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 165 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application
- Outcome
- application allowed
- Judges
- FM Njoroge
- Legal Topics
- Boundary Disputes, Land Registration, Survey 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
Salosi, Kimathi Iruare alias Salesi Kimathi M'Irware
Plaintiff
Agnes Thura
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the court should order the District Land Registrar and District Surveyor to establish and/or fix the proper boundaries between L.R NO. NKUNE/NGONYI/685 and 604.
- 2 Whether granting the application would prejudice the defendant.
Ratio Decidendi
The court found that allowing the application to have the District Land Registrar and Surveyor establish and/or fix the proper boundaries between the suit lands would not prejudice the defendant. The court considered the submissions and determined that the involvement of independent experts would ensure a fair and impartial resolution of the boundary issue. The defendant's assertion that she had not interfered with the boundary and that it had existed since 1965 did not outweigh the need for clarity and certainty, especially given the plaintiff's concerns. The court thus exercised its discretion to grant the order sought, with costs to be in the cause.
Court Disposition
application allowed
Orders
- The District Land Registrar in conjunction with the District Surveyor shall establish and/or fix the proper boundaries between L.R NO. NKUNE/NGONYI/685 and 604 and file a report to court.
- Costs of the application shall be in the cause.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
E & L CASE NO. 165 OF 2013
SALOSI, KIMATHI IRUARE
alias SALESI KIMATHI M'IRWARE.........................PLAINTIFF
VERSUS
AGNES THURA......................................DEFENDANT
R U L I N G
This application by the plaintiff is dated 18th February, 2014. It seeks orders:
THATthis Application be heard on priority basis.
THAT this Honourable Court issue an order directing the District Land Registrar in conjunction with the district Surveyor to establish and/or fix the proper boundaries between L.R NO. NKUNE/NGONYI/685 and 604 and file a report to court in respect thereof.
THATthe costs of this Application be in the cause.
Prayer 1 is spent.
During hearing interpartes, Mr. Kiambi advocate for the plaintiff, told the court that the application was not opposed. He submitted that the main prayer sought by the application for an order directing the District Land Registrar in conjunction with the District Surveyor to establish and/or fix the proper boundaries between the suit lands would not prejudice the defendant/respondent at all. As the District Land Registrar and the District Surveyor were experts, they would file their report in court.
The Defendant/Respondent opposed the application. She claimed that she had not interfered with the boundary between the suit lands which she submitted had been in existence since 1965. She said that even when her husband died in 2003, there was no complaint regarding the boundary between the suit lands. She told the court that she only decided to fence her boundary after the plaintiff's cows had destroyed her crops. She claimed that when she reported the matter to the plaintiff, he was uncooperative and abusive.
Mr. Kiambi opined that since the defendant had said that she had not interfered with the boundary between the suit lands, it was proper that the application be allowed as this would not prejudice the defendant.
I have considered the submissions of the parties. I am of the opinion that allowing the application will not prejudice the defendant in any way. In the circumstances, the application is allowed. Costs shall be in the cause.
Delivered in Open court at Meru this 8th day of April, 2014 in the presence of:
Cc. Daniel/Christine
Ngunjiri h/b Mbaabu Inoti for plaintiff
Agnes Thura – Defendant
P. M. NJOROGE
JUDGE