[2016] KEHC 691 (KLR)
The court found that the application was unopposed and that the applicant had established a prima facie case for the restoration of the boundaries of Land Parcel No. NYAKI/MULATHANKARI/2385. The court exercised its discretion to grant mandatory orders compelling the District Surveyor and District Registrar Meru...
Source-derived case information.
- Citation
- [2016] KEHC 691 (KLR)
- Parties
- Plaintiff: Stephen Magana Gikunda; Defendant: Joseph Kathunkumi Ncebere & 3 Others
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 224 of 2016
- Procedural Posture
- Environment and Land Case / Ruling on Interlocutory Application
- Outcome
- Application allowed as prayed, with costs to be in the cause.
- Judges
- FM Njoroge
- Legal Topics
- Boundary Disputes, Survey Beacons, Injunctive Relief
- 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
Stephen Magana Gikunda
Plaintiff
Joseph Kathunkumi Ncebere & 3 Others
Defendant
Procedural Posture
Environment and Land Case / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the court should compel the District Surveyor and District Registrar Meru County to re-measure and fix boundaries of Land Parcel No. NYAKI/MULATHANKARI/2385.
- 2 Whether the OCS Meru Police Station should be ordered to assist in the implementation of the boundary fixing order.
- 3 Whether a permanent restraining order should issue against the respondents from eradicating survey beacons/poles.
Ratio Decidendi
The court found that the application was unopposed and that the applicant had established a prima facie case for the restoration of the boundaries of Land Parcel No. NYAKI/MULATHANKARI/2385. The court exercised its discretion to grant mandatory orders compelling the District Surveyor and District Registrar Meru County to re-measure and fix the boundaries, and directed the OCS Meru Police Station to assist in the implementation to maintain law and order. The court further ordered that the costs of implementation be borne by the applicant, with final costs to be determined in the cause. The orders were made to protect the applicant's proprietary interests and to prevent further unlawful...
Court Disposition
Application allowed as prayed, with costs to be in the cause.
Orders
- The District Surveyor and District Registrar Meru County are ordered to re-measure and fix boundaries of land parcel No. NYAKI/MULATHANKARI/2385.
- The OCS Meru Police Station is ordered to assist in the implementation of the boundary fixing order to maintain law and order.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ENVIRONMENT & LAND CASE NO. 224 OF 2016
STEPHEN MAGANA GIKUNDA.................................................PLAINTIFF
VERSUS
JOSEPH KATHUNKUMI NCEBERE & 3 OTHERS...........DEFENDANTS
R U L I N G
1. This application is dated 8th November, 2016 and seeks orders that:-
1. This Honourable Court be pleased to issue an order compelling the District Surveyor Meru County and the District Registrar Meru County to Re-measure and fix boundaries of Land Parcel No. NYAKI/MULATHANKARI/2385 eradicated or/and removed by the respondents/defendants.
2. The OCS Meru Police Station further be compelled to implement the order for fixing boundaries by supervising to maintain rule of law and order in any event.
3. This Hon. Court be pleased to issue an order restraining permanently respondents from eradicating surveyors beacons/poles
2. The application has the following grounds:-
a) The respondents/defendants eradicated surveyors Beacons/poles fixed on Land Parcel No. NYAKI/MULATHANKARI/2385 by force belonging to the applicant/plaintiff.
b) The respondents/defendants share (sic) conspired to consolidate the applicant/plaintiff land parcel NO. NYAKI/MULATHANKARI/2385 by eradicating or removing surveyor's Beacons/ and poles.
c) The action taken by respondent/defendants is motivated by malice and contempt of public interest and conspiracy to influence fraud of Applicant/Plaintiff land afore -said illegally.
3. During Interpartes hearing on 13/12/2016, it transpired that the application was not opposed. The Defendants merely asked for time to file grounds of opposition.
4. In the circumstances it is ordered as follows:-
(1) The District Surveyor, Meru County and the District Registrar Meru County are ordered to re-measureand fix boundaries of land parcel No. NYAKI/MULANTHAKARI/2385 allegedly removed by the respondents/defendants.
(2) The O.C.S Meru Police Station is ordered to assist in the implementation of order1 above so that law and order are maintained.
(3) Costs to facilitate the implementation of orders 1 and 2 above are to be met by the Plaintiff/Applicant who is also required to liaise with the concerned Government officers.
(4) Costs to eventually be in the cause.
5. It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 13TH DAY OF DECEMBER, 2016 IN THE PRESENCE OF:-
CA: Daniel /James
Ashava h/b Ondari for Respondents
Stephen Magana -Applicant
P.M. NJOROGE
JUDGE