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ELCPartially AllowedNot stated in the judgment (application dated 19th March, 2020)· [2020] KEELC 3126 (KLR)

Sarah Thara v Jamlick Kinyua Njoka [2020] KEELC 3126 (KLR)

Environment and Land Court
7 April 2020
PNP. M. Njoroge
546 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan landowner won a court order directing government surveyors to re-mark disputed land boundaries so she could finally enforce her 2018 judgment.

What this practically means

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Executive summary

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This was an application dated 19th March 2020 by Sarah Thaara, the plaintiff, in a land matter before the Environment and Land Court at Chuka. She sought orders directing the Tharaka Nithi County Surveyor and/or District Land Registrar to visit, delineate, ascertain and mark the boundaries of land parcels MAGUMONI/ITUGURURU/1035, 1036 and 1037, under the supervision of the O.C.S. Chuka Police Station, with service of the order on the O.C.S. for compliance. She deponed that she is the registered owner of the three parcels, that her suit was finalized with a judgment delivered on 27th June 2018 and a decree issued on 17th July 2018, and that the boundaries had been tampered with, making it impossible to identify beacons and execute the decree. The application was supported by her affidavit and served on the defendant, who did not appear when the application came up for hearing; only the plaintiff was in court. The judge, P. M. Njoroge J, found that the application was intended to facilitate implementation of the court's judgment of 27th June 2018, and allowed it. Prayers 2 and 3 were granted. On costs, the court ordered that the costs of implementing the delineation order be met by the plaintiff herself, and issued no order as to costs on the application. The judgment was delivered in open court at Chuka on 7th April 2020.

Key legal issues

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01

Whether boundary delineation orders should issue to facilitate execution of a prior judgment

Holding

The court allowed prayers 2 and 3, directing the County Surveyor and/or District Land Registrar to visit and delineate/ascertain and mark the boundaries of the three parcels under the supervision of the O.C.S. Chuka Police Station

Reasoning

The plaintiff is the registered owner of the three parcels and obtained a judgment and decree on 27th June 2018, but the boundaries and beacons were tampered with, making execution impossible. The court found the application a legitimate step to facilitate implementation of its judgment and granted the delineation prayers, though the defendant did not appear despite service. The court declined to award costs against anyone.

p. 2

Legal principles established

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  • A court may order delineation and ascertainment of land boundaries by the County Surveyor and/or District Land Registrar to facilitate implementation of its own judgment

Court orders

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  1. 1.Prayers 2 and 3 in the application are granted
  2. 2.Costs concerning implementation of the orders issued concerning prayer 2 are to be met by the plaintiff
  3. 3.No order as to costs
Jurisdiction invoked
Not expressly stated; application to facilitate implementation of the court's own judgment of 27th June, 2018

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Sarah Thara v Jamlick Kinyua Njoka [2020] KEELC 3126 (KLR)", Case Analysis (2020). Not stated in the judgment (application dated 19th March, 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/3126/eng@2020-04-07

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.