Shari v Daniel & 4 others (Environment & Land Case E062 of 2024) [2025] KEELC 5021 (KLR) (2 July 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 5021
- Citation
- [2025] KEELC 5021 (KLR)
- Decided
- 2 July 2025
Summary at a glance
TypeBoundary DisputePostureAppeal from the original trialCoramEK MAKORI
The PO and the application for injunction are dismissed without any orders as to costs. The matter is remitted for the Land Registrar and the relevant Land Surveyor to establish the boundaries of the specified parcel and any neighboring parcels.
Facts
The plaintiff initiated a legal action seeking a temporary injunction to conduct a land survey on a property known as Tanadelta/Ngao 'A'/'425'. The defendants filed preliminary objections claiming lack of capacity to be sued due to the death of their father. The plaintiff and defendants submitted written submissions.
Issues
- Whether the preliminary objections are sustainable.
- Whether an injunction should be issued at this stage.
Reasoning
The court observed that the process of boundary fixing is governed by specific procedures outlined in the Land Registration Act and Regulations. The court dismissed the PO and injunction application due to the obstruction and uncooperation of the parties, and remitted the matter for a new referral.
Outcome
The matter is remitted for the Land Registrar and the relevant Land Surveyor to establish the boundaries.
Orders
- Remission of the matter for the Land Registrar and the relevant Land Surveyor to establish the boundaries.
- A Report is to be filed within the next 60 days for the court's adoption.
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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