Samson Ole Tina V Director of Land Adjudication & Settlement & 9 others [2018] KEELC 951 (KLR)
- Court
- Environment & Land Court
- Case number
- 951
- Citation
- [2018] KEELC 951 (KLR)
- Decided
- 26 October 2018
Summary at a glance
TypeBoundary DisputePosturePetition for Order to Order Land Registrar to Visit Land and File ReportCoramMohamed N. Kullow
The court orders the Land Registrar Trans Mara and the Surveyor to visit the two parcels of land, identify the boundaries, confirm if a road separates the parcels, and file a report within 30 days under the direct supervision of the Rift Valley Regional Surveyor.
Facts
The Petitioner claims there is a boundary dispute involving two parcels of land, Plot No. 15 Olalui Adjudication Section and Plot No. 163 Ololchani Adjudication Section. The Respondents oppose the application, stating the Petitioners are on a fishing expedition.
Issues
- Order the Land Registrar to visit the land and file a report on the exact boundaries
- Confirm if there is any overlapping and encroachment of the plots
- Confirm if there exists a road that cuts through the parcels
Reasoning
The court finds the application merited due to the lack of survey maps or title deeds presented by the parties and the need for the Land Registrar to fix boundaries.
Outcome
Order to visit the land and file a report
Orders
- Land Registrar Trans Mara and Surveyor to visit the two parcels of land
- Identify the boundaries
- Confirm if a road separates the parcels
- File a report within 30 days under the direct supervision of the Rift Valley Regional Surveyor
Authorities cited
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