Isatsiro v Mary & 2 others (Environment and Land Case E003 of 2022) [2025] KEELC 4478 (KLR)

half an acre in favour of the 2nd defendant and 75 feet by 24 feet to the 3rd defendant all to be curved out of land parcel KAKAMEGA/ ISHIRU/ 1XX9 and title deeds issued to that efiect. e. In the alternative to (c) and (d), the Deputy Registrar, Vihiga Environment and Land Court to be authorized to sign the relevant subdivision and thereafter transfer documents in favour of the parties herein pursuant to judgement and decree issued by this Honourable court on 21st September 2023. f. The honourable court be pleased to order that the Land Registrar and the County Land Surveyor, Vihiga County to visit Land Parcel KAKAMEGA/ ISHIRU/ 1XX9, conduct a survey thereon and subdivide the same as per judgement and decree issued by this Honourable court on 21st September 2023. g. The Honourable court be pleased to issue an eviction order, demolishing any structures on the Applicants parcel of land that have been erected by Plaintifi / Respondent either by himself and or his agents which structures have been recently constructed contrary to this judgement and decree issued by this Honourable court on 21st September 2023. h. The Oficer Commanding Station Vihiga Police Station or any other nearest Police Post/ Station to enforce item (f) and (g) above. i. The costs of this application be provided for. 2. The grounds upon which the application was brought are that judgement was delivered herein on 21st September 2023. An appeal by the Respondent to the Court of Appeal vide Civil Appeal No. E005 of 2024 was dismissed, the Respondent has been hostile to the Applicant and is not willing to have the land survey carried out and has declined to sign transfer documents in favour of the defendants/ applicants. That the Vihiga County Surveyor has visited the suit parcel on numerous occasions but the Respondent has been un-cooperative and violent, that the applicant is desirous of getting her share of the suit land. That there will be no prejudice to be sufiered as the applicant is only pursuing title to her share. 3. The application was supported by the averments in the Supporting Afidavit of Janet Aketch Mary and the annextures thereto. 4. The application was not opposed. Afidavit of the service sworn by Michael Wabomba Masinde on 9th April, 2025 is to the efiect that the Respondent was served on 9th April, 2025 via email. 5. When the application came up for hearing on 12th May, 2025 Mr Wabomba advocate urged that the application be allowed as prayed as the same was unopposed 6. Perusal of the court file reveals that an application seeking almost similar orders was filed by the defendants. The application was dated 19/8/2024 and sought for orders that; - 7. a. The Vihiga County Land Surveyor to survey and fix beacons to mark boundaries for the subdivision of L.R NO. KAKAMEGA/ISHIRU/1XX9 in execution of the decree in respect of the judgment delivered on 21st day of September 2023. b. The OCS Cheptulu to provide security during the exercise of fixing the beacons. c. Costs be provided. The court record shows further that the application was allowed by consent on 16/10/2024. The applicant herein was one of the applicants in that application. The present application is therefore res judicata. https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4478/eng@2025-06-12 2

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8. Be that as it may, a report filed by the surveyor pursuant to the consent order of 16/10/2024 was to efiect that the survey revealed discrepancies in the size of the land occupied by the defendants and the size indicated in the judgment. 9. The present application being res judicata is hereby dismissed. No orders as to costs. Orders accordingly. RULING, DATED AND SIGNED AT VIHIGA, READ VIRTUALLY THIS 12TH DAY OF JUNE 2025 THROUGH MICROSOFT TEAMS ONLINE APPLICATION. E. ASATI JUDGE. In the presence of: Ajevi: Court Assistant. Wabomba for the Applicant No appearance for the Respondent. https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4478/eng@2025-06-12 3

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