M'muketha M'njau v Ismael Ndegwa M'mirungu [2016] KEHC 5051 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

CIVIL SUIT NO 135 OF 2008

M'MUKETHA M'NJAU ….........................................................PLAINTIFF

VERSUS

ISMAEL NDEGWA M'MIRUNGU............................................DEFENDANT

R U L I N G

This application is dated 20th, November, 2015 and seeks orders:-

THATan order be issued and  a date be set, for visit to the disputed suit land (locus in quo) by the 1. District Surveyor in the presence of the Plaintiff/Applicant and the Defendant/Respondent.

2. THATthe costs for this application be provided for:

The  application is buttressed by the Supporting affidavit of M'MUKETHA M' NJAU and has the following grounds:-

1. THATthe applicant is the owner of L.R. No. NTIMA/IGOKI/ 1887 and the Defendant /Respondent who owns L.R NTIMA/IGOKI/6070 is his neighbour.

2. THATthe Defendant /Respondent has encroached into the applicants land and illegally constructed thereon.

3. THATthe Plaintiff/Applicant reported the trespass to the Land Registrar but the dispute was never resolved.

4. THATthe Defendant/Respondent continued encroachment deprives the Applicant the right to possess, use and enjoyment of L.R NO. NTIMA/IGOKI/1887.

5. The Applicant continues to suffer irreparably.

On 12th April, 2016, the parties proffered a Consent which they asked the Court to adopt as its order. The Consent is in the following terms:-

“By Consent of the parties and their respective Advocates, the District Surveyor Meru Central  in the presence of the parties  and their  Advocates to visit Land  Parcel numbers NTIMA/IGOKI/1887 and NTIMA/IGOKI/6070  and determine the position of the boundary between the two parcels of land. A report  on the site visit be filed in court within 60 days. Parties to share  costs of the  scene  visit. We consent”.

The Consent is duly signed by the Advocates representing the parties. The following orders are issued:-

The Consent is adopted as an order of this Court.

As indicated in the Consent, parties will share costs of the visit to the locus in quo by the District Surveyor, Meru Central District.

As already undertaken, the Plaintiff will move the Surveyor  appropriately, in liaison with the defendant's  Advocate.

It is so ordered.

Delivered in open Court at Meru this 12th day of April, 2016in the presence of:-

CC: Daniel/Lilian

Manases Kariuki for the Plaintiff

Munene for the defendant

P.M NJOROGE

JUDGE