Wilson Ndungu Njuu & Jospeh Richu v James Mumo & Brook of Hope Community Based Organization; Githu Muigai, Peter Mwihia, Samuel Ngigi Ngera, Wambui Githuki, Nduta Kimani, District Land Registrar-Naivasha & Regional Surveyor Rift Valley Region (Interested Parties) (Environment & Land Case 307 of 2016) [2021] KEELC 4310 (KLR) (18 February 2021) (Ruling)
- Court
- Environment & Land Court
- Case number
- 4310
- Citation
- [2021] KEELC 4310 (KLR)
- Decided
- 18 February 2021
The court adopts the report filed by the Land Registrar and the Surveyor, adjusting the size of land parcel Kijabe/Kijabe Block1/3765 to 1.35 hectares and land parcel Kijabe/Kijabe Block1/2918 to 2.70 hectares.
Facts
The plaintiffs claim beneficial ownership of land parcel Kijabe Kijabe Block1/2918, adjacent to the defendant's land parcel Kijabe/Kijabe Block1/3765. The parties disputed the boundary and the size of the land parcels.
Issues
- Delineation of the boundary between the two parcels of land
- Adjustment of the land parcel sizes
Reasoning
The court found that the report conclusively determines the size of the land all affected parties are entitled to on the ground and adopts the report as judgment of the court.
Outcome
The court directs the Land Registrar and the Surveyor to implement the report within 4 months and mentions the matter on 5th July 2021 to confirm implementation.
Orders
- The report be implemented by the Land Registrar and the Surveyor within the next 4 months (120 days) from the date of this ruling.
- The matter be mentioned on 5th July 2021 to confirm whether the report had been fully implemented.
Remedies
- Rectification of the titles so that the areas shown correspond with the area on the ground and the amended RIM for the block.
Authorities cited
Legislation (1)
- Land Registration Act 2012
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