ALEXANDER KIPLIMO SEGO VS County Goverment of Nandi AND THE SUBCOUNTY ADMISTRATOR NANDI EAST SUB COUNTY AND 2 Others

1. By a Notice of Motion dated 3^rd February 2025, the plaintiff/applicant, Alexander Kiplimo Sego through Wambua Kigamwa and Company Advocates, is seeking the following orders; (a) That the court be pleased to order the County Valuer of Nandi County to prepare a valuation report in respect of the portion of the 6.6 meter road placed on the land parcel known as Nandi /Olessos/462and files a report in court.  (b) That the costs of the valuation be met by the plaintiff/applicant.  (c) That the costs of this application be provided for.
2. The application is founded upon the applicant’s supporting affidavit and the grounds, inter alia;  (a) That the area in dispute in this matter is 6.6 meters indicated as a road on the records at the lands office. (b) That the court has the power to order a valuation to be undertaken by the County Surveyor pursuant to it’s jurisdiction to order inspection of property in a suit the subject of dispute.
3. Mr Kutei instructed by Ms Cheruiyot learned counsel for the 1^st , 2^nd, 5^th and 6^th defendants/respondents told the court that he is guided by the directions of the court in the application.
4. Ms Chebet learned counsel for the 3^rd and 4^th defendants/respondents stated that she does not intend to respond to the application.
5. So, is there merit in the application?
6. The orders sought in the application target at the consideration by this court for transfer of the suit to a court of competent jurisdiction in the first instance.
7. Moreover, this court is guided by section 3, 3A, 5 and 11 of the Civil Procedure Act Chapter 21 Laws of Kenya herein; see also Owners of The Motor Vessel Lillian ‘S’ vs Caltex Oil (Kenya) Ltd (1989) eKLR on jurisdiction.
8. In the circumstances, the application is firm and meritorious.
9. Accordingly, the application is allowed as stated in paragraph 1 (a) and (b) hereinabove.
10. Costs of the application be in the cause.
11. It is so ordered

DATED AND DELIVERED THIS 10^TH DAY OF MARCH 2025

G M A ONGONDO

JUDGE

PRESENT

Mr Mogambi learned counsel for the plaintiff/applicant

Ms Chebet learned counsel for the 3^rd and 4^th defendants/respondents

Mr Kutei instructed by Ms Cheruiyot learned counsel for the 1^st, 2^nd, 5^th and 6^th defendants/respondents

Walter, court assistant