1. The application before me is that dated 1 April 2025 filed by the defendant.
2. The substantive prayer is prayer (c) which seeks an order for the Land Registrar and County Surveyor to proceed to the land parcel Kisii Municipality/Block III/289, identify the boundaries and place the beacons as per the records of the lands office. The application is supported by the affidavit of Caren Nyaboke Onsongo, a director of the applicant, who avers that after the decree herein, she went to fence the suit land but found that there are no elaborate beacons. There is nothing filed to oppose the application but I am not persuaded to allow this prayer.
3. I am not so persuaded because this prayer has nothing to do with the dispute herein which has already been determined. The dispute before this court was who is the rightful owner of the suit land between the plaintiff i.e Sacapheso Limited and the defendant applicant i.e Eversweet Bakery Limited, as both parties had title documents for the suit land. In my judgment of 27 February 2025, I held in favour of the applicant.
4. In this application the applicant states that she has gone to fence the suit land but cannot locate the beacons. As I have said, that has nothing to do with the dispute herein which has already been decided. It is not mentioned that the plaintiff has in any way prevented the applicant from taking possession of the suit land. Indeed, it does appear that the applicant has gone to take possession but she cannot find the beacons. You do not need an order from court to have the Land Registrar or County Surveyor show you the beacons to your land. And assuming that a Land Registrar or County Surveyor fails to show a land owner the beacons, the solution is not for the land owner to go looking for any old case that he had and was decided, which case has nothing to do with any order to be shown beacons, then file an application against the Land Registrar or County Surveyor. That would be a completely different cause of action, i.e failure to be shown beacons by the Land Registrar and County Surveyor. It is based on that principle that I am not persuaded to entertain this application otherwise there is potential to start introducing other applications and new issues that have nothing to do with the dispute that has already been decided and keep this file alive for no reason at all.
5. For the above reasons, this application is dismissed but there are no orders as to costs.
6. Orders accordingly.
DATED AND DELIVERED THIS 24 DAY OF JUNE 2025
JUSTICE MUNYAO SILA
JUDGE, ENVIRONMENT AND LAND COURT
AT KISII
Delivered in the presence of :
Mr. Aminga h/b for Mr. Mageto for the applicant
N/A for the respondent
Court Assistant – Michael Oyuko