M'muketha M'njau v Ismael Ndegwa M'mirungu

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU CIVIL SUIT NO 135 OF 2008 M'MUKETHA M'NJAU ….........................................................PLAINTIFF VERSUS ISMAEL NDEGWA M'MIRUNGU............................................DEFENDANT RULING This application is dated 20th, November, 2015 and seeks orders:THAT an order be issued and a date be set, for visit to the disputed suit land (locus in quo) by the 1. District Surveyor in the presence of the Plaintiff/Applicant and the Defendant/Respondent. 2. THAT the costs for this application be provided for: The application is buttressed by the Supporting affidavit of M'MUKETHA M' NJAU and has the following grounds:1. THAT the applicant is the owner of L.R. No. NTIMA/IGOKI/ 1887 and the Defendant /Respondent who owns L.R NTIMA/IGOKI/6070 is his neighbour. 2. THAT the Defendant /Respondent has encroached into the applicants land and illegally constructed thereon. 3. THAT the Plaintiff/Applicant reported the trespass to the Land Registrar but the dispute was never resolved. 4. THAT the Defendant/Respondent continued encroachment deprives the Applicant the right to possess, use and enjoyment of L.R NO. NTIMA/IGOKI/1887. 5. The Applicant continues to suffer irreparably. On 12th April, 2016, the parties proffered a Consent which they asked the Court to adopt as its order. The Consent is in the following terms:“By Consent of the parties and their respective Advocates, the District Surveyor Meru Central in the presence of the parties and their Advocates to visit Land Parcel numbers NTIMA/IGOKI/1887 and NTIMA/IGOKI/6070 and determine the position of the boundary between the two parcels of land. A report on the site visit be filed in court within 60 days. Parties to share costs of the scene visit. We consent”.

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