Jemima Wanjiru Kaboro (Suing as Administrator of the estate of Samuel Kaboro) v Eva Kamau [2015] KEELC 145 (KLR)
The bottom line
#In a dispute over two claims to the same plot in Embakasi Ranching, a Kenyan court ordered a government surveyor, not a private one, to establish the plot's true location.
What this practically means
#Executive summary
#Key legal issues
#Necessity of surveyor's technical evidence in boundary/location disputes
The application for a survey was merited because the dispute could only be resolved by technical survey evidence
The court found that the parties claimed different plot numbers situated on the same physical location, a factual question that could not be resolved on pleadings alone. The custodian of the maps and plot particulars was Embakasi Ranching Company Limited, so its input alongside an official surveyor was necessary. Once location is resolved, the suit would largely determine itself.
Identity of the surveyor - Government versus private
A Government Surveyor from the Department of Surveys was to conduct the survey, in conjunction with Embakasi Ranching Company Limited
The Defendant did not oppose the application but asked that a Government Surveyor carry out the exercise instead of a private surveyor. The court adopted that position when allowing the application, evidently preferring the impartiality of the Department of Surveys.
Legal principles established
#- Where a land dispute turns on the physical location of plots, the court may order a survey by the Department of Surveys assisted by the custodian company to resolve it
Court orders
#- 1.A Surveyor from the Department of Surveys of Kenya, in conjunction with Embakasi Ranching Company Limited, to undertake a survey exercise to establish the physical locations of the plots in issue, with a report to be filed within 60 days
- 2.Both parties to meet the Surveyor's fees equally
- 3.Costs of the application to be in the cause
- 4.Matter to be mentioned on 5th August 2015 to confirm filing of the Surveyor's Report; mention notice to issue
- 5.Since there is no Return of Service for Mr Njuguna for the Plaintiff, Mr Ndegwa to serve Mr Njuguna with a Notice of Ruling
- Jurisdiction invoked
- Original civil jurisdiction over a dispute concerning the physical location of land plots (statutory basis not expressly invoked in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jemima Wanjiru Kaboro (Suing as Administrator of the estate of Samuel Kaboro) v Eva Kamau [2015] KEELC 145 (KLR)", Case Analysis (2015). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2015/145/eng@2015-06-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.