[2024] KEELC 5660 (KLR)
The court held that, in accordance with section 18 of the Land Registration Act, it could not entertain the boundary dispute until the Land Registrar had made a determination. Although a report was filed by the Land Registrar, the court found that the report was technical in nature and did not resolve the dispute,...
Source-derived case information.
- Citation
- [2024] KEELC 5660 (KLR)
- Parties
- Plaintiff: Postal Corporation of Kenya; Defendant: Board of Trustees Teleposta Pension Scheme
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Case Civil Suit 96 of 2009
- Procedural Posture
- Civil Suit / Interlocutory Ruling
- Outcome
- The court declined to adopt the Land Registrar's report as conclusive and directed that the trial proceed to main hearing for further evidence.
- Judges
- LN Mbugua
- Legal Topics
- Boundary Disputes, Land Registration, Cadastral Survey Errors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Postal Corporation of Kenya
Plaintiff
Board of Trustees Teleposta Pension Scheme
Defendant
Procedural Posture
Civil Suit / Interlocutory Ruling
Legal Issues
- 1 Whether the court can determine a boundary dispute before the Land Registrar has made a determination as required by section 18 of the Land Registration Act.
- 2 Whether the Land Registrar's report dated 15.7.2022 resolves the boundary dispute between the parties.
- 3 Whether the parties should be allowed to adduce further evidence or challenge the Land Registrar's report.
Ratio Decidendi
The court held that, in accordance with section 18 of the Land Registration Act, it could not entertain the boundary dispute until the Land Registrar had made a determination. Although a report was filed by the Land Registrar, the court found that the report was technical in nature and did not resolve the dispute, instead recommending a resurvey of the subject properties due to an error in the cadastral survey. As a result, the court directed that the report would be considered in the final determination, but the trial would proceed to allow the parties to adduce further evidence, challenge the report, or provide any other relevant evidence. The court thus declined to adopt the report as...
Court Disposition
The court declined to adopt the Land Registrar's report as conclusive and directed that the trial proceed to main hearing for further evidence.
Orders
- The Land Registrar's report dated 15.7.2022 shall be considered by the court in the final determination of the matter.
- The trial shall proceed to main hearing to enable the parties to adduce any evidence that may challenge or enrich the report or any other evidence the parties may desire the court to consider.
Full Case Text
Judgment text and source record
19 paragraphs
Postal Corporation of Kenya v Board of Trustees Teleposta Pension Scheme (Environment and Land Case Civil Suit 96 of 2009) [2024] KEELC 5660 (KLR) (18 July 2024) (Ruling)
Neutral citation: [2024] KEELC 5660 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment and Land Case Civil Suit 96 of 2009
LN Mbugua, J
July 18, 2024
Between
Postal Corporation of Kenya
Plaintiff
and
The Board of Trustees Teleposta Pension Scheme
Defendant
Ruling
1. On 2. 10. 2019 this court gave directions as follows;“The dispute in this suit is a boundary dispute. Under section 18 of the Land Registration Act, the court is barred from entertaining boundary disputes relating to registered land until the Land Registrar makes a determination relating to the dispute. Consequently, I direct that the boundary dispute herein be determined by the relevant Land Registrar within the framework of section 18 of the Land Registration Act and the registrar’s determination be filed in court within 90 days. The registrar’s costs, if any, shall be borne by the parties equally.”
2. Consequently, a report has been filed dated 15. 7.2022 whereby defendant’s advocate prays that the said report be adopted by the court. Counsel for the plaintiff however contends that they desire to prosecute the claim and also avail an independent survey report.
3. I have perused the report dated 15. 7.2022. I find that the same is not only technical, but it doesn’t resolve the dispute. Instead, an advise has been given for the resurvey of the subject properties No. L.R 209/13957/1, 209/16954. The report contends that there was an error in the cadastral survey as represented in the cadastral plan No. F/R No. 364/31.
4. That being the case, the court gives directions that the report shall be considered by the court in the final determination of the matter. However, the trial shall still proceed to the main hearing to enable the parties to adduce any evidence that may challenge the report, any evidence that may enrich the report or any evidence that the parties may desire the court to consider.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 18THDAY OF JULY, 2024 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-M/s Mathenge for DefendantMr. Muthee for PlaintiffCourt assistant: Eddel