[2018] KEELC 2567 (KLR)

[2018] KEELC 2567 (KLR)

The court found that the suit is primarily based on a boundary dispute and that the appropriate course of action is to have the land registrar and surveyor visit the suit land to establish the boundary and the exact location and position of the relevant land parcels. The court directed that a report be filed within...

Source-derived case information.

Citation
[2018] KEELC 2567 (KLR)
Parties
Plaintiff: Stephen Ole Barta & 2 Others; Defendant: Fraa Awaro
Court
Environment and Land Court
Court Station
Environment and Land Court at Narok
Jurisdiction
Kenya
Case Number
Environment & Land Case 390 of 2017
Procedural Posture
Land and Property Dispute / Ruling on Interlocutory Application
Outcome
application allowed
Legal Topics
Boundary Disputes, Land Registration, Encroachment, Survey Reports
Source Language
en
Land and Property Boundary Disputes Land Registration Encroachment Survey Reports

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Summary, issues, holding and outcome

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Parties

Stephen Ole Barta & 2 Others

Plaintiff

Fraa Awaro

Defendant

Procedural Posture

Land and Property Dispute / Ruling on Interlocutory Application

Legal Issues

  1. 1 Whether there is a boundary dispute between the parties regarding land parcels Trans Mara/Kerikani/8 and 530.
  2. 2 Whether there has been any encroachment on the suit land.

Ratio Decidendi

The court found that the suit is primarily based on a boundary dispute and that the appropriate course of action is to have the land registrar and surveyor visit the suit land to establish the boundary and the exact location and position of the relevant land parcels. The court directed that a report be filed within 30 days, thereby allowing the application as prayed. This approach aligns with statutory provisions for resolving boundary disputes through administrative investigation and reporting by the relevant land authorities.

Court Disposition

application allowed

Orders

  • The land registrar and surveyor shall visit the suit land and establish the boundary and the exact location and position of land parcel No. Trans Mara/Kerikani/8 and 530 and determine whether there is any encroachment on parcel No. Trans Mara.
  • The registrar shall file the said report within 30 days from the date of this order.