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Naniwet & another v Tum & another (Environment and Land Case E016 of 2025) [2026] KEELC 557 (KLR) (5 February 2026) (Ruling)

[2026] KEELC 557 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
557
Citation
[2026] KEELC 557 (KLR)
Decided
5 February 2026
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureApplication for re-ascertainment of boundariesCoramL. A. OMOLLO
Holding

The Plaintiffs/Applicants' application is dismissed with costs.

Facts

The Plaintiffs/Applicants seek an order directing the County Land Surveyor to re-ascertain and fix the boundaries of land parcel No. Kericho/Sosiot/3965, and for security during the process. The Defendants/Respondents contest the application, arguing it is premature and should have been filed with the Land Registrar and Survey Department.

Issues

  1. Whether the Court has jurisdiction to grant the orders sought
  2. Whether the boundaries of land parcel No. Kericho/Sosiot/3965 have been legally established

Reasoning

The Court finds the Plaintiffs/Applicants' application lacks merit as it seeks to re-ascertain boundaries that have already been legally established, and the application is premature.

Outcome

Application dismissed with costs

Authorities cited

Legislation (2)
  • Land Registration Act
  • Civil Procedure Act
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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