Samuel Kintalelel Kiparen & 7 others v Land Registrar – Ngong & another;David Karuiru & 25 others (Interested Parties) [2019] KEELC 1602 (KLR)
The bottom line
#The Environment and Land Court in Kajiado refused to stop surveyors entering land, because the plaintiffs never appealed or challenged the Land Registrar's boundary decision.
What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiffs established a prima facie case warranting an interim injunction
The Plaintiffs did not establish a prima facie case; both sides claim their respective parcels, and the Plaintiffs' grievance against the Land Registrar's boundary determination had not been challenged by appeal or judicial review
The court applied the Giella v Cassman Brown test. It found ownership of the respective parcels was not disputed between the parties and that the real complaint was the Land Registrar's boundary determination made without a hearing. The Land Registration Act gives the Registrar mandate over boundary disputes, and the aggrieved party's remedy is appeal or judicial review, which the Plaintiffs had not pursued, so restraining the surveyors was not warranted.
Whether the court could restrain Geomatics Services Limited from entering the suit parcels
The court declined to restrain the surveyors from entering the suit parcels
Since the Plaintiffs had not appealed the Registrar's decision or sought to quash it, and the survey work proceeded under the statutory framework following the Land Registrar's report dated 6th December 2018, the court found itself unable to restrain the surveyors at the interlocutory stage.
Legal principles established
#- A prima facie case is one in which, on the material presented, a court concludes there exists a right apparently infringed so as to call for an explanation or rebuttal from the opposite party
- In injunctive relief, speculative injury cannot suffice; the injury must be actual and demonstrable and not compensable by damages
- A party aggrieved by a Land Registrar's boundary determination must pursue an appeal or judicial review rather than seek to restrain surveyors by interim injunction
Court orders
#- 1.The two Notice of Motion applications dated 3rd September 2018 and 15th February 2019 were disallowed/dismissed for lack of merit
- 2.Costs in the cause
- Jurisdiction invoked
- Order 40 Rules 1, 2 and 3 of the Civil Procedure Rules, Section 3A of the Civil Procedure Act and Article 159 of the Constitution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Samuel Kintalelel Kiparen & 7 others v Land Registrar – Ngong & another;David Karuiru & 25 others (Interested Parties) [2019] KEELC 1602 (KLR)", Case Analysis (2019). Not stated in the extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/1602/eng@2019-09-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.