[2024] KEELC 13509 (KLR)
The court found that the dispute at hand concerns boundaries of registered land, which, pursuant to Section 18(2) of the Land Registration Act, falls exclusively within the jurisdiction of the Land Registrar and not the Environment and Land Court. The court further noted that the parties had previously consented to...
Source-derived case information.
- Citation
- [2024] KEELC 13509 (KLR)
- Parties
- Applicant: Republic; Respondent: District Land Registrar, Kajiado; Respondent: District Surveyor, Kajiado; Applicant: Joseph Kiplangat Kilisio; Interested Party: National Land Commission; Interested Party: Kenya Rural Roads Authority; Interested Party: Clear Resources Limited; Interested Party: Wilson Oloyiende Ntayia; Interested Party: Edward Gitau Ntayia
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kajiado
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Judicial Review Miscellaneous Application E010 of 2021
- Procedural Posture
- Judicial Review / Ruling on Preliminary Objection and Jurisdiction
- Outcome
- suit struck out for want of jurisdiction and in contravention of consent order
- Judges
- MN Gicheru
- Legal Topics
- Boundary Disputes, Jurisdiction of Environment and Land Court, Judicial Review Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
District Land Registrar, Kajiado
Respondent
District Surveyor, Kajiado
Respondent
Joseph Kiplangat Kilisio
Applicant
National Land Commission
Interested Party
Kenya Rural Roads Authority
Interested Party
Clear Resources Limited
Interested Party
Wilson Oloyiende Ntayia
Interested Party
Edward Gitau Ntayia
Interested Party
Procedural Posture
Judicial Review / Ruling on Preliminary Objection and Jurisdiction
Legal Issues
- 1 Whether the Environment and Land Court has jurisdiction to determine a boundary dispute relating to registered land.
- 2 Whether the suit is properly before the court in light of the consent order referring the matter to the Land Registrar.
- 3 Whether the applicant has demonstrated a triable cause of action before the court.
Ratio Decidendi
The court found that the dispute at hand concerns boundaries of registered land, which, pursuant to Section 18(2) of the Land Registration Act, falls exclusively within the jurisdiction of the Land Registrar and not the Environment and Land Court. The court further noted that the parties had previously consented to refer the matter to the Land Registrar for determination, and the applicant had failed to demonstrate any cause of action that would vest jurisdiction in the court. The applicant was given ample opportunity to show that the suit was properly before the court but failed to do so. Consequently, the court struck out the suit for want of jurisdiction and for being contrary to the...
Court Disposition
suit struck out for want of jurisdiction and in contravention of consent order
Orders
- The suit is struck out with costs to the respondents and interested parties.
- The matter remains referred to the Land Registrar for determination as per the consent order.
Full Case Text
Judgment text and source record
37 paragraphs
Republic v District Land Registrar, Kajiado & another; Kilisio (Exparte Applicant); National Land Commission & 4 others (Interested Parties) (Environment and Land Judicial Review Miscellaneous Application E010 of 2021) [2024] KEELC 13509 (KLR) (4 December 2024) (Ruling)
Neutral citation: [2024] KEELC 13509 (KLR)
Republic of Kenya
In the Environment and Land Court at Kajiado
Environment and Land Judicial Review Miscellaneous Application E010 of 2021
MN Gicheru, J
December 4, 2024
IN THE MATTER OF AN APPLICATION FOR LEAVE TO INSTITUTE JUDICIAL REVIEW PROCEEDINGS IN THE NATURE OF MANDAMUS BY JOSEPH KIPLANGAT KILISIO AGAINST THE DISTRICT LAND REGISTRAR KAJIADO AND THE DISTRICT SURVEYOR KAJIADO AND IN THE MATTER OF ARTICLES 10, 23, 27, 48 AND 50 OF THE CONSTITUTION OF KENYA, 2010 AND IN THE MATTER OF LAND PARCEL NO. KAJIADO/KISAJU/70 AND IN THE MATTER OF LAND PARCEL NO. KAJIADO/KISAJU/68,72 AND 76 AND IN THE MATTER OF SECTIONS 18 AND 19 OF THE LAND REGISTRATION ACT, CAP 300 LAWS OF KENYA AND IN THE MATTER OF SECTIONS 9 OF THE LAW REFORM ACT, CAP 26, LAWS OF KENYA AND ORDER 53 OF THE CIVIL PROCEDURE RULES
Between
The Republic
Applicant
and
The District Land Registrar, Kajiado
1st Respondent
the District Surveyor, Kajiado
2nd Respondent
and
Joseph Kiplangar Kilisio
Exparte Applicant
and
The National Land Commission
Interested Party
The Kenya Rural Roads Authority
Interested Party
Clear Resources Limited
Interested Party
Wilson Oloyiende Ntayia
Interested Party
Edward Gitau Ntayia
Interested Party
Ruling
1. On 18/11/2024, counsel for the 3rd interested party urged the court to dismiss this suit for going against the consent of 21/2/2022.
2. In the consent of 21/2/2022 it was recorded as follows. “By consent case referred to the Land Registrar for determination.
3. On 26/6/2024, the court directed the applicant to appear on 5/11/2024 to prove that he has a cause of action triable by this court. For some reason the case was not mentioned on 5/11/2024 but it came up before court on 7/11/2024 where the 3rd interested party was directed to serve. When the case came up on 18/11/2024 only former counsel for the applicant, Mr. Oyori turned up. The current counsel, Mr. Koyoko did not appear even though he had been only served.
4. The applicant has been given sufficient time to prove that this suit is properly before the court and he has failed to do so. Since the dispute relates to boundaries of registered land, this court has no jurisdiction to entertain it as per the ruling of 26/6/2024. I need not restate what I said in the said ruling. I strike out the suit with costs to the respondents and interested parties under Section 18 (2) of the Land Registration Act and Regulation 40 (6) of the Land Registration (General) Regulations, 2017.
It is so ordered.
DATED SIGNED AND DELIVERED AT KAJIADO VIRTUALLY THIS 4THDAY OF DECEMBER 2024. M.N. GICHERUJUDGE