[2018] KEELC 3733 (KLR)
The court found that the Land Registrar and Surveyor had not implemented its previous orders due to lack of cooperation from landowners and inadequate security. To ensure compliance, the court issued specific directions: the District Land Registrar and Surveyor must implement the orders on a set date, with the...
Source-derived case information.
- Citation
- [2018] KEELC 3733 (KLR)
- Parties
- Plaintiff: Sarah Kathini Kamunyu; Defendant: Makunyi Rwanda; Defendant: Kathiiri Makunyi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 66 of 2017
- Procedural Posture
- Land and Property Dispute / Ruling on Implementation of Prior Court Orders
- Outcome
- Orders issued for implementation of prior court orders, clarification of affected parcels, provision of security, and cost sharing.
- Legal Topics
- Boundary Disputes, Implementation of Court Orders, Land Survey, Land Registration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sarah Kathini Kamunyu
Plaintiff
Makunyi Rwanda
Defendant
Kathiiri Makunyi
Defendant
Procedural Posture
Land and Property Dispute / Ruling on Implementation of Prior Court Orders
Legal Issues
- 1 Whether the Land Registrar and Surveyor should be compelled to implement the court's previous orders regarding boundary ascertainment.
- 2 How to ensure cooperation and security for the implementation of the court's orders on the ground.
- 3 Clarification of the parcels of land affected by the court's orders.
Ratio Decidendi
The court found that the Land Registrar and Surveyor had not implemented its previous orders due to lack of cooperation from landowners and inadequate security. To ensure compliance, the court issued specific directions: the District Land Registrar and Surveyor must implement the orders on a set date, with the Assistant County Commissioner providing security. The court clarified the parcels affected, required a joint report, and apportioned costs equally between plaintiff and defendants. The plaintiff's advocate was tasked with coordinating implementation. These measures were deemed necessary to enforce the court's authority and resolve the boundary dispute effectively.
Court Disposition
Orders issued for implementation of prior court orders, clarification of affected parcels, provision of security, and cost sharing.
Orders
- The District Land Registrar and District Surveyor, Tharaka South Sub County, to implement the court's orders of 15th November, 2017 on 11th May, 2018.
- Boundaries for parcels emanating from subdivision of original parcel No. 218 to be established, including parcels 2789, 3138, and 3232.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO 66 OF 2017
FORMERLY MERU ELC CASE NO. 188 OF 2016
SARAH KATHINI KAMUNYU...........................................PLAINTIFF
VERSUS
MAKUNYI RWANDA.................................................1ST DEFENDANT
KATHIIRI MAKUNYI................................................2ND DEFENDANT
RULING
1. The Land Registrar, Chuka and the Surveyor-in-charge, Tharaka Nithi Sub County, came to court to explain why they had not implemented this court’s orders issued on 15th November, 2017. They explained that owners of the affected parcels of land had refused to cooperate. They also told the court that although the chief was present when they visited the scene, he had failed to provide security.
2. After a lengthy hearing of all pertinent issues, this court issues the following orders:
a) The District Land Registrar and the District Surveyor in charge, Tharaka South Sub County to implement this court’s orders issued on 15th November, 2017 on 11th May, 2018.
b) As a clarification, if necessary, boundaries for parcels of land which emanated from a subdivision or subdivisions of the original parcel No. 218 will be established so that boundaries for parcel numbers 2789 and 3138 can be ascertained. These parcels of land will include parcel numbers 2789, whose owner is in the USA, and parcel number 3232.
c) The District Surveyor (op.cit) and the District Land Registrar (op.cit) to file their joint report to court within 2 weeks after the 11th of May, 2018.
d) Costs concerning the visit by the surveyor and the Land Registrar and their activities apposite to implementation of this court’s orders to be shared equally between the plaintiff, on the one hand, and the defendant on the other hand.
e) The plaintiff’s advocate, Mr. Murango Mwenda, to coordinate all matters germane to the implementation of this court’s apposite orders.
f) The Assistant County Commissioner, TUNYAI, is directed to provide security on 11th May, 2018 when the Land Registrar and the Surveyor will visit the relevant parcels of land to implement this court’s orders.
g) The Land Registrar and the Surveyor to be in court on 12th of June, 2018, when they will present their report to court.
h) Directions on 12th June, 2018.
3. Costs shall be in the cause.
4. It is so ordered.
Delivered in Open court at Chuka this 18th day of April, 2018
in the presence of:
CA: Ndegwa
Murango Mwenda for the plaintiff
Makunyi Rwanda – 1st Defendant
Kathiiri Makunyi – 2nd defendant
P. M. NJOROGE,
JUDGE.