REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MALINDI ELC CASE NO. 194 OF 2017 KADII KAHINDI KATANA & ANOTHER….……..………………..…. ……..PLAINTIFF VERSUS NZOVU MUPE & 9 OTHERS ……………………..………….…..……… RESPONDENTS RULING 1. The judgment in this matter was delivered on 7/4/2025. 2. The present Notice of Motion dated 11th March 2026 seeks Orders that the County Surveyor and the Land Registrar Kilifi County be ordered to visit the parcels of land known as Kilifi Vyambani 222 and Mavueni/Settlement Scheme/1927 (herein after referred to as “the suit lands” or “the plots” for purposes of identifying establishing and marking the correct boundaries between the said parcels, and that they file their report thereon within 21 days of the exercise. It also seeks that the OCS of an unnamed station provide security during the exercise. 3. The application is supported by the sworn affidavit of the 1 st defendant and is premised on the grounds set out at its foot, namely that: the dispute relates to the true boundary between the two plots; that the plaintiffs lay claim to the ground occupied by the defendants but the defendants believe they are occupation of their own land; that the previous surveyor never visited the parcels for the purpose; that it is possible to locate and determine the exact boundaries using official maps and survey records. The defendants are MLDELCANOE004/26-RLG/DF-23.01.26/FH-18.02.26/LH-27.04.26/DR 17.06.26F . Page 1 of 2
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apprehensive of a breach to peace during the exercise hence the seeking of the order regarding security. 4. This court perused the CTS and noted that early in the morning at 8:25 a.m. on 12th March 2026, only one day after the filing of the application, the respondent’s counsel uploaded the very Surveyor’s Report that was used by this court at the hearing. It would appear to me that the filing of that Surveyor’s Report made the applicants/defendants to reconsider their application, for their counsel filed on the same day at 4:42 pm a Notice of Withdrawal dated 12/3/2026, giving notice of the application dated 11 th March 2026. 5. Consequently, this court will not prepare a ruling on the merits of the application; the matter will be mentioned on 19 th June 2026 only for adoption of the withdrawal notice and file closure directions. Dated, signed and delivered at Malindi on this 17th day of June, 2026. MWANGI NJOROGE JUDGE, ELC, MALINDI. MLDELCANOE004/26-RLG/DF-23.01.26/FH-18.02.26/LH-27.04.26/DR 17.06.26F . Page 2 of 2
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