Isaiah Mbaabu (Suing on behalf of Athimba Clan) & 2 others v Land Adj & Settlement Officer & 4 others [2018] KEELC 3333 (KLR)
- Court
- Environment & Land Court
- Case number
- 3333
- Citation
- [2018] KEELC 3333 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePosturePetition for Scene VisitCoramHON. LUCY. N. MBUGUA, Attorney General for 1st and 2nd respondents absent, Mwiti for 3rd, 4th and 5th respondents present
Holding
Allow the application for a scene visit with specific terms
Facts
The petitioners are seeking a scene visit to clarify the dispute over the suit land, which has been in court since January 2014.
Issues
- Allowance of scene visit application
- Prejudice to petitioners by scene visit
Reasoning
The court finds the suit has been ongoing since January 2014 and the actual trial has not taken place. The respondents argue the scene visit will help clarify the dispute, while petitioners oppose it due to practical reasons.
Outcome
Allowance of scene visit application
Orders
- Scene visit conducted by Deputy Registrar in presence of parties and/or their advocates
- Deputy Registrar to make observations on land occupation, number of families, and activities on the land
- Report filed in court
- 3rd-5th respondents to meet costs of scene visit
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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