Elijah Mwau Lelu v Daniel Kiawa Ndivo [2021] KEELC 3202 (KLR)
The bottom line
#Kenyan courts will not decide land boundary disputes until the Land Registrar has first officially demarcated the boundary between the properties.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the court over boundary disputes of registered land
The trial court was right to decline jurisdiction because the boundary had not been determined in accordance with Section 18 of the Land Registration Act; the Land Registrar's ruling was inconclusive as there was no public record supporting it
The District Surveyor's reports disclosed a very big discrepancy between the map and the ground, and the Land Registrar's 2010 ruling did not conclusively demarcate the official boundary. The court held the Land Registrar, as custodian of official land documentation, must define the boundary under Sections 19(1) and 19(2) before the court can hear the dispute under Sections 18(1) and 18(2).
Legal principles established
#- Before a boundary dispute between adjoining registered parcels can be adjudicated by the court, the Land Registrar must first define the official boundary under Sections 18 and 19 of the Land Registration Act, 2012
Court orders
#- 1.The appeal is struck out with no order as to costs
- 2.The Land Registrar Makueni County to demarcate the boundaries as required under Sections 19(1) and 19(2) of the Land Registration Act, 2012
- On appeal from
- Principal Magistrate's Court, Makindu
- Makindu PMCC No. 53 of 2010
- Jurisdiction invoked
- First appeal to the Environment and Land Court under the ELC Act against the judgment of the Principal Magistrate's Court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Elijah Mwau Lelu v Daniel Kiawa Ndivo [2021] KEELC 3202 (KLR)", Case Analysis (2021). ELC Appeal No. 03 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/3202/eng@2021-05-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.