[2016] KEELC 1259 (KLR)
The court found that the central issue in dispute is the physical location of the two adjoining parcels of land. Granting the plaintiff's application at this stage could amount to an eviction before the determination of the actual boundaries, which would be premature and potentially unjust. The court therefore...
Source-derived case information.
- Citation
- [2016] KEELC 1259 (KLR)
- Parties
- Plaintiff: Victoria Wambui Chege; Defendant: Veronica Mukuhi Njoroge
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 286 of 2015
- Procedural Posture
- Land Case / Interlocutory Ruling
- Outcome
- Status quo order granted; application for eviction or substantive relief declined pending determination of boundaries.
- Judges
- MM Gitumbi
- Legal Topics
- Land Boundaries, Trespass, Status Quo Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Victoria Wambui Chege
Plaintiff
Veronica Mukuhi Njoroge
Defendant
Procedural Posture
Land Case / Interlocutory Ruling
Legal Issues
- 1 Whether the actual location of the suit property Kijabe/Kijabe Block 1/12228 and the defendant's parcel Kijabe/Kijabe Block 1/12229 can be determined on the ground.
- 2 Whether the defendant is trespassing on the plaintiff's land.
Ratio Decidendi
The court found that the central issue in dispute is the physical location of the two adjoining parcels of land. Granting the plaintiff's application at this stage could amount to an eviction before the determination of the actual boundaries, which would be premature and potentially unjust. The court therefore ordered that the status quo be maintained until the hearing and determination of the suit. The parties were encouraged to jointly appoint a surveyor to ascertain the boundaries, which could facilitate an out-of-court resolution. The court's decision is grounded in the principle that interlocutory relief should not preempt the substantive resolution of the core dispute, especially in...
Court Disposition
Status quo order granted; application for eviction or substantive relief declined pending determination of boundaries.
Orders
- The status quo currently prevailing be maintained until the hearing and determination of this suit.
- The parties are encouraged to jointly appoint a surveyor to determine the location of the two adjoining parcels.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
ENVIRONMENT AND LAND COURT
ELC. CASE NO. 286 OF 2015
VICTORIA WAMBUI CHEGE….…………….................. PLAINTIFF
VERSUS
VERONICA MUKUHI NJOROGE…………..………….DEFENDANT
RULING
I have considered Notice of Motion dated 31st March 2015 and the Supporting Affidavit thereto which is essentially unopposed. I have also read the Plaintiff’s submissions. I consider that this suit is a simple one in which the only issue for determination is the actual location on the ground of the suit property being Kijabe/Kijabe Block 1/12228 which belongs to the Plaintiff as opposed to the Defendants’ adjoining parcel of land being Kijabe/Kijabe Block 1/12229.
Upon determination of the physical locations of these two adjoining parcels on the ground then it will become clear whether the Defendant is trespassing on the Plaintiff’s land as alleged. In these circumstances, this court considers it imprudent to allow the Plaintiff’s Notice of Motion dated 31/3/16 which may amount to an eviction before the issue of location of the suit property is determined.
Accordingly, I direct that the status quo currently prevailing be maintained until the hearing and determination of this suit and the parties hereto are encouraged to jointly appoint a Surveyor to determine the issue of the location on the ground of the two adjourning parcels which hopefully may trigger a resolution of this dispute out of court. In the meantime, a date for a pre-trial conference may be allocated.
DELIVERED, DATED AND SIGNED AT NAIROBI THIS 1STDAY OF JULY 2016.
MARY M. GITUMBI
JUDGE