DCC v IKK [2025] KEHC 9061 (KLR)

DCC v IKK (Matrimonial Cause E005 of 2024) [2025] KEHC 9061 (KLR) (27 June 2025) (Order)

Neutral citation: [2025] KEHC 9061 (KLR)

Republic of Kenya

In the High Court at Eldoret

Matrimonial Cause E005 of 2024

RN Nyakundi, J

June 27, 2025

Between

DCC

Applicant

and

IKK

Respondent

Order

1. This matter, a pre-trial conference was held and main trial of the issues commenced in earnest by taking the evidence of DCC. It emerged that certain issues which need to be addressed to crystallize the net estate subject matter of the Matrimonial Cause as between the Applicant and the Respondent.

2. This necessity ordained the court to direct that the County Surveyor Uasin Gishu in conjunction with the Land Registrar visit the suit property referenced as LR Uasin Gishu/Illula Settlement Scheme/XXXX and LR Uasin Gishu/Illula Settlement Scheme/XXXX.

3. The terms of reference are to accurately determine and delineate the land boundaries as between LR XXXX and LR XXXX to ensure adherence with the measurement and beacons of the suit parcels of land. This includes the current land development and land use including details of the current occupation.

4. In the same breadth, the Land Registrar to examine and give comparisons of the registrable instruments as indexed in the Green Cards. The summary of the information from both the Surveyor and the Land Registrar will play a crucial role in resolving this matrimonial cause under the Matrimonial Property Act. The next hearing is scheduled for the 14th July 2025 and the two experts on land matters shall provide expert testimony on the due date.

GIVEN UNDER THE HAND AND SEAL OF THIS COURT ON THIS 27THJUNE 2025…………………..……………………R. NYAKUNDIJUDGE