[2020] KEELC 3215 (KLR)
The court found that the nature of the order sought, namely the delineation and marking of land boundaries by the County Surveyor and/or District Land Registrar, did not meet the threshold for certification as urgent. However, recognizing the importance of the matter and the applicant's right to enforce the judgment...
Source-derived case information.
- Citation
- [2020] KEELC 3215 (KLR)
- Parties
- Plaintiff: Sarah Thara; Defendant: Jamlick Kinyua Njoka
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 129 of 2017
- Procedural Posture
- Miscellaneous Application / Interlocutory Application Ruling
- Outcome
- Application not certified as urgent; directions given for service and interpartes hearing.
- Legal Topics
- Land Boundary Delineation, Registered Land, Execution of Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sarah Thara
Plaintiff
Jamlick Kinyua Njoka
Defendant
Procedural Posture
Miscellaneous Application / Interlocutory Application Ruling
Legal Issues
- 1 Whether the court should order the County Surveyor and/or District Land Registrar to delineate and mark the boundaries of the specified land parcels.
- 2 Whether the application should be certified as urgent.
- 3 Whether the plaintiff is entitled to enforcement of judgment regarding land boundaries.
Ratio Decidendi
The court found that the nature of the order sought, namely the delineation and marking of land boundaries by the County Surveyor and/or District Land Registrar, did not meet the threshold for certification as urgent. However, recognizing the importance of the matter and the applicant's right to enforce the judgment regarding her registered land parcels, the court directed that the application be served upon the defendant and scheduled for interpartes hearing on a priority basis. The court exercised its discretion to balance the need for expeditious resolution with procedural fairness to the respondent.
Court Disposition
Application not certified as urgent; directions given for service and interpartes hearing.
Orders
- The applicant to serve this application upon the defendant within the next 10 days.
- The application will be heard interpartes on 7th April, 2020 if courts will have resumed normal operations.
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. 129 OF 2017
FORMERLY MERU ELC NO. 25 OF 2011
SARAH THARA.................................PLAINTIFF
VERSUS
JAMLICK KINYUA NJOKA........DEFENDANT
RULING
1. This application states that it has been brought to court under Section 3 and 3A of the Civil Procedure Act Cap 21, Laws of Kenya and Section 22 of the Registered Land Act Cap 300, Laws of Kenya.
2. The application seeks the following orders:
1. That this application be certified urgent and service dispensed with in the first instance.
2. That the honourable court be pleased to order, direct and or authorize Tharaka Nithi County Surveyor and/or District Land Registrar to visit and delineate and /or ascertain and mark the boundaries for Land Parcel No. Magumoni/Itugururu/1035m 1036 and 1037 under the supervision of O.C.S. Chuka Police Station.
3. That this order be served upon the O.C.S. Chuka Police Station for compliance.
4. The costs of this application be provided for.
3. The application is supported by the affidavit of Sarah Thara, the plaintiff, and has the following grounds:-
1. The applicant’s lands’ boundaries cannot be traced on the ground.
2. The applicant is the sole registered owner and or proprietor of the Land Parcel No. Magumoni/Itugururu/1035, 1036 and 1037 respectively.
3. The applicant ought to enjoy the fruits of his judgment delivered by this honourable court on 27th June, 2018.
4. There is due need to ascertain the boundaries of the three parcels of land in the interest of justice.
4. The nature of the order sought in prayer 2 in the application does not qualify it to be certified as urgent. The application will, however, be heard on priority basis.
5. It is ordered as follows:
a. The applicant to serve this application upon the defendant within the next 10 days.
b. The application will be heard interpartes on 7th April, 2020 if courts will have resumed normal operations.
Delivered in open Court at Chuka this 19th day of March, 2020 in the presence of:
CC: Ann
Parties not present.
P. M. NJOROGE,
JUDGE.