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Francis Mang’oli Wekesa v Grace Namalwa Wekesa [2017] KEHC 4403 (KLR)

[2017] KEHC 4403 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
4403
Citation
[2017] KEHC 4403 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeSuccessionPostureApplication for Order to Demarcate Land BoundariesCoramH.A. OMONDI
Holding

The application is allowed on condition that the applicant meets the full survey fees plus any incidental costs for security.

Facts

The deceased, WESKESA SIMIYU KUMELO, left an estate which was confirmed by a certificate of grant on 1 November 2012. The estate was divided among several beneficiaries, but the boundaries were not clearly marked on the ground.

Issues

  1. To demarcate the land boundaries for each beneficiary
  2. To ensure security and peace during the demarcation exercise

Reasoning

The court allowed the application due to the lack of clear boundaries on the ground and the respondent's failure to provide a response.

Outcome

Application allowed

Orders

  • District Surveyor to visit the land parcel and demarcate the boundaries
  • OCS BUNGOMA Police Station to ensure security and peace during the exercise

Remedies

  • Full survey fees and incidental costs for security
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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