Jemima Wanjiru Kaboro (Suing as Administrator of the estate of Samuel Kaboro) v Eva Kamau [2015] KEELC 145 (KLR)
- Court
- Environment & Land Court
- Case number
- 145
- Citation
- [2015] KEELC 145 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from an original trial decisionCoramL. GACHERU
Holding
The Court orders a surveyor from the Department of Surveys of Kenya, in conjunction with Embakasi Ranching Company Limited, to establish the physical locations of the plots in issue and file a report within 60 days.
Facts
The Plaintiff claims to have been allocated plot No. 255, while the Defendant claims to have purchased Plot No. F315 and constructed a permanent house on it. Both parties claim different parcels of land but on the same physical location.
Issues
- Resolution of the actual physical location of the two plots
- Appointment of a surveyor to resolve the dispute
Reasoning
The dispute concerns the actual physical location of the two plots, which cannot be resolved without the technical evidence of a surveyor.
Outcome
The application is granted.
Orders
- A Surveyor from the Department of Surveys of Kenya, in conjunction with Embakasi Ranching Company Limited do undertake a survey exercise to establish the physical locations of the plots in issue. Thereafter, a report be filed within 60 days of the date hereof.
- Both parties shall meet the Surveyor’s fees equally.
- Costs of the application shall be in the cause.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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