Shadrack Korir v Felix Kipkemboi Simei & 2 others [2020] eKLR Case Summary

Court
Environment and Land Court at Eldoret
Category
Civil
Judge(s)
M. A. Odeny
Judgment Date
June 30, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2
Explore the case summary of Shadrack Korir v Felix Kipkemboi Simei & 2 others [2020] eKLR. Discover key legal insights and implications from this important judgment.

Case Brief: Shadrack Korir v Felix Kipkemboi Simei & 2 others [2020] eKLR

1. Case Information:
- Name of the Case: Shadrack Korir v. Felix Kipkemboi Simei, Abraham Kimaru, and Salome J. Simei
- Case Number: ELC Case No. 76 of 2019
- Court: Environment and Land Court at Eldoret
- Date Delivered: June 30, 2020
- Category of Law: Civil
- Judge(s): M. A. Odeny
- Country: Kenya

2. Questions Presented:
The court must resolve the following legal issues:
- Does the court have jurisdiction to grant the orders sought by the defendants?
- Should the resultant survey report be submitted to the court?
- Is the provision of security during the survey necessary?

3. Facts of the Case:
The plaintiff, Shadrack Korir, is the owner of land parcel NANDI/KOKWET/554, which he purchased on January 11, 2007. The defendants, Felix Kipkemboi Simei, Abraham Kimaru, and Salome J. Simei, are the executors of the estate of Kipyegeo Arap Simei, deceased, and claim ownership of the neighboring land parcel NANDI/KOKWET/22, which measures approximately 38.04 Ha. A boundary dispute arose when the plaintiff allegedly excised 4 acres from the defendants' land. The defendants sought a court order to demarcate the boundary and requested security for the survey process.

4. Procedural History:
The defendants filed an application on September 16, 2019, requesting the court to order the Nandi County Land Surveyor to demarcate the boundary between the two parcels of land. The parties agreed to maintain the status quo pending the hearing of the application. The defendants submitted legal arguments, while the plaintiff did not respond to the application. The court considered the jurisdictional issues and the necessity of the survey report.

5. Analysis:
- Rules: The court relied on Section 13(1) of the Environment and Land Court Act and Sections 18(2) and 19 of the Land Registration Act No. 3 of 2012. These provisions establish that boundary disputes must first be addressed by the Land Registrar before escalating to court.
- Case Law: The court referenced previous cases, including *Hon. Henry Kosgey v. Brian Cuthbert & Another* [2019] eKLR and *Willis Ocholla v. Mary Ndege* [2016] eKLR, which affirmed that boundary disputes should be resolved by the Land Registrar before court intervention. Additionally, *George Kamau Macharia v. Dexka Limited* [2019] eKLR emphasized the importance of the Land Registrar's role in boundary determinations.
- Application: The court concluded that it lacked jurisdiction to hear the boundary dispute since the Land Registrar had not made a determination. The court ordered the Nandi County Land Surveyor to demarcate the boundary and submit a report within 30 days. It also mandated the provision of security during the survey process.

6. Conclusion:
The court ruled in favor of the defendants, ordering the demarcation of the boundary between the two parcels of land and the submission of the survey report to the court. This decision underscored the importance of following statutory procedures for resolving boundary disputes and highlighted the role of the Land Registrar.

7. Dissent:
There were no dissenting opinions in this case as it was a ruling made by a single judge.

8. Summary:
The court's ruling in *Shadrack Korir v. Felix Kipkemboi Simei & Others* underscores the necessity of addressing boundary disputes through the proper legal channels, specifically through the Land Registrar. The decision mandates the demarcation of boundaries and the provision of security during the survey process, reinforcing the legal framework governing land disputes in Kenya. This case serves as a precedent for future boundary disputes, emphasizing adherence to statutory requirements before court involvement.

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