[2024] KEELC 6539 (KLR)
The court adopted the consent as its order, recognizing that the parties, through their advocates, freely agreed to the terms regarding the survey and determination of the boundaries of the disputed land parcels. The court found no reason to interfere with the consent, as it was properly executed and addressed the...
Source-derived case information.
- Citation
- [2024] KEELC 6539 (KLR)
- Parties
- Plaintiff: Ibrahim Shalle (Suing on behalf of the Estate of Shalle Hirbo Lolo); Defendant: Marsabit Township Women Group; Defendant: Land Surveyor, Marsabit County; Defendant: Land Registrar, Isiolo; Defendant: Marsabit County
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Miscellaneous Case 6 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Adoption of Consent
- Outcome
- Consent adopted as order of the court.
- Judges
- PM Njoroge
- Legal Topics
- Land Parcel Boundaries, Survey Disputes, Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ibrahim Shalle (Suing on behalf of the Estate of Shalle Hirbo Lolo)
Plaintiff
Marsabit Township Women Group
Defendant
Land Surveyor, Marsabit County
Defendant
Land Registrar, Isiolo
Defendant
Marsabit County
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Adoption of Consent
Legal Issues
- 1 Whether the consent between the parties regarding the survey and determination of land parcel boundaries should be adopted as an order of the court.
- 2 Whether the parties should share the costs of the survey and be allowed to engage their own surveyors.
Ratio Decidendi
The court adopted the consent as its order, recognizing that the parties, through their advocates, freely agreed to the terms regarding the survey and determination of the boundaries of the disputed land parcels. The court found no reason to interfere with the consent, as it was properly executed and addressed the issues in dispute. The consent provided for a joint site visit by the County Surveyor, the liberty for parties to engage their own surveyors, the filing of a report within 30 days, and equal sharing of costs. The court's role was limited to formalizing the agreement as an order, ensuring procedural fairness and efficiency in resolving the boundary dispute.
Court Disposition
Consent adopted as order of the court.
Orders
- The County Surveyor, Marsabit County, to visit the locus in quo with the parties to establish the total acreage of land parcels Marsabit/Mountain/2947 and 2948.
- To establish the extent of land parcels Marsabit/Mountain/2947 & 2948 vis-a-vis each other.
Full Case Text
Judgment text and source record
26 paragraphs
Shalle (Suing on behalf of the Estate of Shalle Hirbo Lolo) v Marsabit Township Women Group & 3 others (Environment & Land Miscellaneous Case 6 of 2023) [2024] KEELC 6539 (KLR) (8 October 2024) (Ruling)
Neutral citation: [2024] KEELC 6539 (KLR)
Republic of Kenya
In the Environment and Land Court at Isiolo
Environment & Land Miscellaneous Case 6 of 2023
PM Njoroge, J
October 8, 2024
Between
Ibrahim Shalle (Suing on behalf of the Estate of Shalle Hirbo Lolo)
Plaintiff
and
Marsabit Township Women Group
1st Defendant
Land Surveyor, Marsabit County
2nd Defendant
Land Registrar, Isiolo
3rd Defendant
Marsabit County
4th Defendant
Ruling
1. By consent Advocate Wamweya, representing the plaintiff, and advocate Mokua, representing the defendants proffered a consent and asked the court to have it adopted as the court’s order. The order was duly signed by the advocate on behalf of their clients.
2. The said consent is in the following format;
Consent Dated 7th October, 2024By consent of the parties and their counsels;1. The County Surveyor, Marsabit County do visit the locus in quo in the company of the parties with a view to establishing the total acreage comprised in land parcels Marsabit/Mountain/2947 and 2948. 2.To establish the extent of land parcels Marsabit/Mountain/2947 & 2948 vis-a-vis each other.3. The parties be at liberty to engage own surveyors during the visit.4. The County Surveyor do file a report of the scene visit in court within 30 days.5. The parties to share equally the cost of the scene visit if any.
Signed By The Advocates Representing The Parties 3. This consent is hereby adopted as an order of this court.
4. Parties to come to court for directions on 20/1/2025.
DELIVERED IN OPEN COURT AT ISIOLO THIS 8TH DAY OF OCTOBER, 2024 IN THE PRESENCE OF:Court assistant: Balozi/RahmaHON. JUSTICE P.M NJOROGEJUDGE