Abdinasir Abdirahman Mohamed v Chief Land Registrar & 7 others

Kenya Law

Automated Summary

Key Facts

The case involves a boundary dispute between the plaintiff and the Chief Land Registrar along with seven other defendants. The court directed the parties to explore a 30-day Alternative Dispute Resolution (ADR) period to settle the matter. Additionally, the County Land Registrar and Surveyor in Marsabit were ordered to determine the boundary position of Marsabit/Jirme 572 and place beacons within 30 days. The court also set a directions date for 16th July 2022.

Issues

  • The court directed the County Land Registrar and Surveyor in Marsabit to determine the boundary position of Marsabit/Jirme 572 and place beacons within 30 days, as part of procedural measures to address the land boundary dispute.
  • The court considered whether to grant 30 days for the parties to employ Alternative Dispute Resolution (ADR) to settle boundary disputes involving land parcels in Marsabit, with Land Registrars' jurisdiction emphasized as key to resolving such matters.

Holdings

  • Costs shall be in the cause.
  • An order is issued directing the County Land Registrar, Marsabit and the County Surveyor, Marsabit to determine the boundary position of Marsabit/Jirme 572 and to place beacons thereof within 30 days.
  • Directions on 16/7/2022.
  • The parties are granted 30 days to explore settlement of this matter once and for all and to report back to court.

Remedies

  • An order is hereby issued directing the County Land Registrar, Marsabit and the County Surveyor, Marsabit to determine the boundary position of Marsabit/Jirme 572 and to place beacons thereof within 30 days of today.
  • The parties are granted 30 days to explore settlement of this matter once and for all and to report back to court.
  • Costs shall be in the cause.

Legal Principles

The court directed the County Land Registrar and Surveyor to determine the boundary position of Marsabit/Jirme 572 and place beacons, emphasizing procedural steps for dispute resolution through ADR.

Judge Name

P. M. Njoroge

Passage Text

  • From the pleadings this is a matter involving boundaries. This is the preserve of Land Registrars.
  • An order is hereby issued directing the County Land Registrar, Marsabit and the County Surveyor, Marsabit to determine the boundary position of Marsabit/Jirme 572 and to place beacons thereof within 30 days of today.
  • The parties are granted 30 days to explore settlement of this matter once and for all and to report back to court.