Alex Majanga Kagali v David Odanga Amuyundo &another; [2017] KEELC 3753 (KLR)
- Court
- Environment & Land Court
- Case number
- 3753
- Citation
- [2017] KEELC 3753 (KLR)
- Decided
- 20 June 2017
The court grants the application and directs the District Land Registrar to visit the disputed land parcels and mark the boundary. The costs of the application and the Land Registrar's costs will be shared equally between the applicant and the respondent.
Facts
The applicant, Alex Majanga Kagali, is the registered owner of Land Parcel N. MARAGOLI/LUSENGELI/1389. The respondent, David Odanga Amuyundo, encroached into the applicant's land, reducing its acreage. The Land Registrar visited the site and found in favor of the applicant.
Issues
- Boundaries of the land parcels
- Interference with the Land Registrar's decision
Reasoning
The court finds that mature blue gum trees cannot be relied upon to establish boundaries, and the Land Registrar is better placed to advise on the matter. The court intervenes to restore law and order.
Outcome
Granted
Orders
- District Land Registrar to visit the site and mark the boundary
- O.C.S. Mudete Police Station to provide security
Remedies
- Marking of the boundary
- Security provided by the police station
Authorities cited
Legislation (3)
- Civil Procedure Rules 2010
- Civil Procedure Act Cap 21 Laws of Kenya
- Land Registration Act No. 3 of 2012
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