Olepere & another v Pama Estate Limited & another (Environment & Land Case 180 of 2018) [2024] KEELC 6963 (KLR)
The bottom line
#Kenya's Environment and Land Court set aside a disputed boundary survey report and ordered a fresh, independent survey with all parties present.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.whether this application is merited
Key legal issues
#Whether the Notice of Motion seeking to set aside the survey report and order an independent survey is merited
The application was allowed; the court found the defendants raised pertinent credibility issues regarding the report and that no prejudice would be occasioned to the plaintiffs by repeating the exercise
The court noted the prior order of 18th July 2023 directing the Land Registrar to ascertain boundaries, and that a report had been submitted. The defendants were dissatisfied, alleging bias of the Incharge Ngong Survey Office. The court found the credibility concerns pertinent, meaning the report could not be relied upon. Since the matter was at its tail end, the court found repeating the survey would cause no prejudice to the plaintiffs, who would be present to raise concerns, and allowed the application on terms.
Legal principles established
#- Where credible questions are raised about the credibility of a court-ordered survey report, the report cannot be relied upon and the survey may be repeated where no prejudice will be occasioned
Court orders
#- 1.The Survey Report dated 3rd August 2023 by George N. Nyambane – Incharge Ngong Survey Office is set aside
- 2.An independent survey be carried out in respect of Ngong/Ngong/36813, 36814 and 16205 by a District Land Surveyor Registrar other than George N. Nyambane, in the presence of the Land Registrar, the parties with their independent surveyors of choice, and a Report be submitted to the Court within 30 days
- 3.The OCS – Rongai Station to ensure maintenance of law and order during the survey
- 4.The Defendants shall cater for the costs of the exercise
- 5.Costs of the Application be borne by the Defendants
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Section 3 and 13 of the Land and Environment Act, Article 159(2) of the Constitution and all other enabling provisions of law
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
I find that the Defendants raise pertinent issues on the credibility of the Report and the same cannot be relied upon by this Court.
I find merit in this application and the same is allowed as no prejudice will be occasioned to the Plaintiffs if the exercise is repeated. They will be present to raise any concerns.
That the Survey Report dated 3rd August 2023 by George N. Nyambane – Incharge Ngong Survey Office is hereby set aside.
That an independent survey be carried out in respect of the suit properties namely Ngong/ Ngong/36813, 36814 and 16205 a by District Land Surveyor Registrar other than the said George N. Nyambane
Issues in the judgment
#The judgment does not state the case number or full names of the parties
The relief sought in prayer (2) refers to 'District Land Surveyor Registrar' in odd phrasing reproduced verbatim in the orders
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Olepere & another v Pama Estate Limited & another (Environment & Land Case 180 of 2018) [2024] KEELC 6963 (KLR)", Case Analysis (2024). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/6963/eng@2024-10-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.