[2024] KEELC 5901 (KLR)
The Environment and Land Court lacks original jurisdiction to determine boundary disputes over registered land parcels, as this power is vested in the Land Registrar by Section 18(2) of the Land Registration Act. The court's role is strictly appellate, only to be invoked if a party appeals the Registrar's decision...
Source-derived case information.
- Citation
- [2024] KEELC 5901 (KLR)
- Parties
- Plaintiff: Gabriel Onsongo Okondo; Plaintiff: Elizabeth Kemunto Ongaki; Plaintiff: Amos Lemangen Ole Kaitei; Plaintiff: Vera Odera Ogembo; Plaintiff: David L.C. Mwaniki; Plaintiff: Lilian Wanjiku Muchemi; Plaintiff: Beatrice Wanjira Kamau; Plaintiff: Hudson Lodenyo; Plaintiff: Joseph Menge; Plaintiff: Lilian Njeri Thuku; Plaintiff: John Gichuha Thumbi; Defendant: Sangiri Ole Kiok; Defendant: Land Registrar, Kajiado North; Defendant: Attorney General; Interested Party: Kadipo Saidimo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kajiado
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 74 of 2019
- Procedural Posture
- Environment and Land Case / Ruling on Review and Stay Applications
- Outcome
- Applications for review and stay dismissed; Land Registrar's report to be implemented unless appealed.
- Judges
- MN Gicheru
- Legal Topics
- Boundary Disputes, Jurisdiction of Court, Land Registration, Implementation of Registrar Decisions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gabriel Onsongo Okondo
Plaintiff
Elizabeth Kemunto Ongaki
Plaintiff
Amos Lemangen Ole Kaitei
Plaintiff
Vera Odera Ogembo
Plaintiff
David L.C. Mwaniki
Plaintiff
Lilian Wanjiku Muchemi
Plaintiff
Beatrice Wanjira Kamau
Plaintiff
Hudson Lodenyo
Plaintiff
Joseph Menge
Plaintiff
Lilian Njeri Thuku
Plaintiff
John Gichuha Thumbi
Plaintiff
Sangiri Ole Kiok
Defendant
Land Registrar, Kajiado North
Defendant
Attorney General
Defendant
Kadipo Saidimo
Interested Party
Procedural Posture
Environment and Land Case / Ruling on Review and Stay Applications
Legal Issues
- 1 Does the Environment and Land Court have original jurisdiction to determine boundary disputes over registered land parcels?
- 2 Should the court review or stay its previous order regarding boundary determination?
- 3 Is the Land Registrar's report on the boundary binding unless appealed?
Ratio Decidendi
The Environment and Land Court lacks original jurisdiction to determine boundary disputes over registered land parcels, as this power is vested in the Land Registrar by Section 18(2) of the Land Registration Act. The court's role is strictly appellate, only to be invoked if a party appeals the Registrar's decision within the prescribed period. Accordingly, the court declined to review or stay its previous order and directed that the Land Registrar's report dated 11/9/2023 be implemented in full unless reversed on appeal. The applications for review and stay were dismissed, and the Registrar's boundary determination stands as the operative resolution unless challenged through the proper...
Court Disposition
Applications for review and stay dismissed; Land Registrar's report to be implemented unless appealed.
Orders
- The decision of the Land Registrar contained in the report dated 11/9/2023 shall be implemented in full unless reversed on appeal.
- Applications for review and stay are dismissed.
Full Case Text
Judgment text and source record
46 paragraphs
Okondo & 10 others v Kiok & 2 others; Saidimo (Interested Party) (Environment & Land Case 74 of 2019) [2024] KEELC 5901 (KLR) (18 September 2024) (Ruling)
Neutral citation: [2024] KEELC 5901 (KLR)
Republic of Kenya
In the Environment and Land Court at Kajiado
Environment & Land Case 74 of 2019
MN Gicheru, J
September 18, 2024
Between
Gabriel Onsongo Okondo
1st Plaintiff
Elizabeth Kemunto Ongaki
2nd Plaintiff
Amos Lemangen Ole Kaitei
3rd Plaintiff
Vera Odera Ogembo
4th Plaintiff
David L.C. Mwaniki
5th Plaintiff
Lilian Wanjiku Muchemi
6th Plaintiff
Beatrice Wanjira Kamau
7th Plaintiff
Hudson Lodenyo
8th Plaintiff
Joseph Menge
9th Plaintiff
Lilian Njeri Thuku
10th Plaintiff
John Gichuha Thumbi
11th Plaintiff
and
Sangiri Ole Kiok
1st Defendant
Land Registrar, Kajiado North
2nd Defendant
Attorney General
3rd Defendant
and
Kadipo Saidimo
Interested Party
Ruling
1. On 3/11/2022, this court ordered that the Land Registrar revisits the suit parcels, that is to say, Kajiado/Looldariak/123 and 876 and determines the boundary between them.
2. On 19/10/2023, the Land Registrar Kajiado West filed a report dated 11/9/2023 whose conclusion reads as follows.“The boundary mark shown by the plaintiff is clearly the right beacon in the circumstances, especially because it maintains the map and would not alter the registered areas extensively”.
3. On 30/5/2023, the 1st defendant filed a notice of motion dated 24/4/2023 seeking a review of the order dated 3/11/2022. The motion which was based on three grounds and was supported by an affidavit by the 1st defendant was followed by another one dated 19/6/2023 seeking a stay of boundary determination exercise. The motions were opposed by the plaintiffs and the interested party who filed grounds of opposition dated 3/10/2023 and 14/9/2023 respectively.
4. Counsel for the parties were to file and exchange written submissions. I have carefully considered the two pending applications including the grounds, the affidavits and the written submissions. I find as follows. Firstly, as per the ruling dated 3/11/2022, this court has no jurisdiction in this matter by dint of Section 18(2) of the Land Registration Act. Such jurisdiction resides in the Land Registrar. Secondly, under regulation 40 (6) of the Land Registration (General) Regulations, 2017 it is provided as follows.Any party aggrieved by the decision of the Registrar made under paragraph (5) may, within 30 days of the date of notification, appeal the decision to the court”.My understanding of Section 18(2) and regulation 40 (6) of the Land Registration Act and the 2017 Regulations is that the only jurisdiction that this court has in boundary disputes over registered land, is appellate and not original.Finally, I direct that the decision of the Land Registrar contained in the report dated 11/9/2023 be implemented in full unless reversed on appeal.It is so ordered.
DATED SIGNED AND DELIVERED AT KAJIADO VIRTUALLY THIS 18TH DAY OF SEPTEMBER 2024. M.N. GICHERUJUDGE