Stephen Muigu Ruri v Mary Njoki Francis & 2 others; Madrin Wangui Njagi & another (Interested Parties) [2021] KEELC 1425 (KLR)

Summary at a glance

Facts

The plaintiff initiated a suit seeking to rectify the boundaries between his land and those of the defendants. Interested parties filed a counterclaim seeking the dismissal of the plaintiff's suit and the reinstatement of a road.

Issues

• Whether the court has jurisdiction to determine the claim
• Whether the plaintiff has proved his case
• Whether the interested parties are entitled to the prayers sought in their counterclaim
• Who should bear the costs

Reasoning

The court determined that the court has jurisdiction under Article 162(2)(b) of the Constitution and Section 13(2) of the ELC Act. The court also considered the doctrine of exhaustion of remedies and the Land Registration Act.

Outcome

The court dismissed the plaintiff's suit and ordered the reinstatement of the road.

Orders

• The plaintiff's suit be dismissed with costs
• The plaintiff be ordered to remove the trees planted on the boundary of parcel No. Mutithi Strip/507-511
• The road separating the plaintiff's land and the defendants' land be reinstated