Rahab Mumbi Kimani v Damaris Wanjiku Gachoka [2016] KEELC 1040 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT OF KENYA AT NAIROBI

MILLIMANI COMMERCIAL COURT)

CIVIL SUIT 570 OF 2008

RAHAB MUMBI KIMANI.................................................................PLAINTIFF

VERSUS

DAMARIS WANJIKU GACHOKA..............................................DEFENDANT

R U L I N G

After consideration of the various issues germane to this suit, this Court issues the following orders:-

By Consent of the parties, the District Land Registrar and the District Surveyor to visit the suit parcels of land with a view to addressing and solving the boundary issues apposite thereto.

During the visit, all the parties, their Advocates, their independent Surveyors and their witnesses to be present.

The visit be conducted  any date after 15/6/2016 depending on the availability of the District Land Registrar and the District Surveyor.

By consent,  the Plaintiff to meet  costs to be incurred by the District Land Registrar and the District Surveyor during the site visit and during the presentation of their report or reports on 18/7/2016 at Meru Law Courts.

Their independent surveyors may file their separate reports, if they so wish.

The two consents proferred  by the parties for adoption  are adopted as orders of the Court and form the primary basis for the orders issued by the Court today.

For avoidance of doubt , the District Land Registrar to avail documents concerning the acquisitions of the  2 parcels of land germane to this dispute.

The Plaintiff to serve upon the District Land Registrar and the District Surveyor, the orders issued by this Court today, within 10 days of today.

Summons to issue for the District Land Registrar and the District Surveyor, Kiambu, to come to Court to give evidence on 18/7/2016 with regard to their report or reports concerning the site visit ordered by this Court today.

10)  Directions, by consent,  on 18/7/2016.

Delivered in open Court at Meru this 21st day of March, 2016 in the presence of:-

CC: Daniel/Lilian

Ibrahim Mwangi for the Plaintiff

Kariuki Owesi for the Defendant

P. M. NJOROGE

JUDGE