Kitiyo & another v Mwoi & 2 others (Land Case 184 of 2016) [2020] KEELC 2145 (KLR) (30 April 2020) (Ruling)
- Court
- Environment & Land Court
- Case number
- 2145
- Citation
- [2020] KEELC 2145 (KLR)
- Decided
- 30 April 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureApplication for surveyor visit and securityCoramFM NJOROGE
Holding
Application dismissed with no orders as to costs.
Facts
Kitiyo and another claim that two parcels of land (Blocks 3/973 and 3/974) mutated from a mother title (Block 3/474). They argue that they built structures on these parcels. Mwoi and others dispute the relationship between the parcels and the mother title.
Issues
- Whether the surveyor should visit the land to confirm the correct position on the ground.
- Whether the application is premature and if the surveyor's visit is necessary to resolve the dispute.
Reasoning
The court finds the application premature and advises the parties to call evidence in support of their cases. The court will determine if a surveyor's visit is necessary after hearing the evidence.
Outcome
Application dismissed
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
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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