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Njagi Kanampiu v Kellen Nchunguni Riungu & 3 others [2020] KEELC 3501 (KLR)

[2020] KEELC 3501 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
3501
Citation
[2020] KEELC 3501 (KLR)
Decided
25 February 2020
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureApplication for Contempt of CourtCoramNdegwa, Majau for applicants/defendants, Njagi Kanampiu – plaintiff, P.M. NJOROGE
Holding

The court granted the application and ordered the district land registrar/surveyor to visit the site and delineate, fix and ascertain the boundaries of the suit land.

Facts

The plaintiff, Njagi Kanampiu, filed an application for contempt of court against the defendants, Kellen Nchunguni Riungu and others, alleging that the defendants were tampering with the boundaries of the land. The plaintiff claimed to be the sole registered owner of the land and sought an order for the district land registrar/surveyor to delineate and mark the boundaries.

Issues

  1. Contempt of court
  2. Boundary disputes
  3. Ownership of land

Reasoning

The court found that the defendants had tampered with the boundaries of the land, making it impossible to identify the boundaries and execute the order for contempt of court. The court deemed it prudent to order the surveyor to visit the site and ascertain the boundaries.

Outcome

The application was granted.

Orders

  • Order for the district land registrar/surveyor to visit the site and delineate, fix and ascertain the boundaries of the suit land

Remedies

  • Order for the district land registrar/surveyor to visit the site and delineate, fix and ascertain the boundaries of the suit land
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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