Kori v District Land Registrar Nyandarua & another (Environment and Land Miscellaneous Application 14 of 2017) [2022] KEELC 3815 (KLR)
The bottom line
#A Nyahururu court refused to undo orders confirming a 6m access road, ruling service through a party's own advocates was perfectly valid.
What this practically means
#Executive summary
#Key legal issues
#Whether the orders of February 26, 2019 should be set aside for want of personal service and lack of participation
The application to set aside was dismissed; the interested party was duly served through his advocates as recognized agent and was notified of the site visit by service on his employee and via WhatsApp
The court noted an affidavit of service showing Njoroge Mwaura & Co Advocates, the same firm that drew the September 25, 2015 settlement agreement in the related dispute, accepted service without protest. No evidence showed the firm failed to inform him. Notice of the site visit was proved by service on his employee and a WhatsApp message delivered and read, none of which he specifically denied or tested by cross-examination.
Whether the respondent's report and the February 26, 2019 order should stand
The report confirming a 6m wide access road accords with earlier registrar findings and official records; the application was an abuse aimed at grabbing the access road
Previous registrar reports (April 3, 2014 and September 3, 2021) consistently found a 6m wide access road which the interested party had encroached upon. The 2021 report found the road extends to the river per the RIM. The court concluded the interested party sought to block a road existing in official government records, and found no merit in the application.
Who bears costs of the application
Costs awarded to the applicant as the successful party
Applying section 27 of the Civil Procedure Act and Hussein Janmohamed & Sons v Twentsche Overseas Trading Co Ltd, costs follow the event unless there is good reason to depart. The court found no good reason why the successful applicant should not get costs.
Legal principles established
#- Service on a party's recognized agent is valid; personal service is not required in all circumstances
- Costs follow the event unless the court, for good reason, directs otherwise
Court orders
#- 1.The interested party's notice of motion dated October 21, 2021 is dismissed
- 2.Costs of the application awarded to the applicant
- Jurisdiction invoked
- Environment and Land Court Act, section 3; Land Registration Act, 2012, sections 18 and 19
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kori v District Land Registrar Nyandarua & another (Environment and Land Miscellaneous Application 14 of 2017) [2022] KEELC 3815 (KLR)", Case Analysis (2022). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/3815/eng@2022-06-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.