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ELCAllowedNot stated in judgment (Notice of Motion dated February 20, 2023)· [2024] KEELC 4095 (KLR)

Kioko v County Land Registrar Makeuni; Wambua (Interested Party) (Environment and Land Miscellaneous Application E002 of 2022) [2024] KEELC 4095 (KLR)

Environment and Land Court
15 May 2024
TMT. Murigi
967 words in judgment
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The bottom line

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Kenya's Environment and Land Court cannot decide boundary disputes on registered land until the Land Registrar formally fixes the boundaries, so ask the Registrar first.

What this practically means

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Executive summary

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This was a Notice of Motion dated February 20, 2023 in which the Applicant, legal administrator of the Estate of Kioko Ngaanga (registered proprietor of L.R No. Nzaui/Ikangavya/552), sought an order compelling the Land Registrar to fix, by survey under Section 19 of the Land Registration Act, the boundaries between that parcel and the Interested Party's L.R No. Nzaui/Ikangavya/351, with the costs of the investigation shared equally among the parties and with police security for the Registrar. The Applicant contended that out-of-court settlement efforts had failed and that the Registrar had failed to conduct a hearing on the boundary dispute. The Interested Party denied being uncooperative, asserting he had long sought re-establishment of the boundary. Counsel relied on Sections 18 and 19 of the Land Registration Act; the Applicant's counsel cited Willis Ocholla v Mary Ndege (2016) eKLR, while the Interested Party's counsel ultimately conceded to the application in terms of Section 19. The court framed a single issue: whether the Applicant was entitled to the orders sought. It held that Section 18(2) ousts the court's jurisdiction over undetermined boundaries, that Section 19 imposes the fixing process on the Registrar upon an interested person's application, and that both parties desired the boundaries be established. Allowing the application as prayed on May 15, 2024, Murigi J directed the Registrar to fix the boundaries by survey, file a plan and note the register, ordered equal sharing of investigation and hearing costs, and directed the OCS Kalamba Police Station to provide security.

Key legal issues

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01

Whether the Applicant is entitled to an order compelling the Land Registrar to fix the boundaries of the two parcels

Holding

Yes; the application was merited and allowed as prayed since both parties desired the boundaries to be established

Reasoning

The court found it undisputed that the Estate of Kioko Ngaanga owns parcel 552 and the Interested Party parcel 351, and that the boundaries between them have not been established. Section 18(2) ousts the court's jurisdiction over undetermined boundaries, while Section 19 imposes a duty on the Registrar, upon application by an interested person, to give notice, hear the parties, cause the boundaries to be defined by survey, file a plan and note the register. As both parties desired fixation, the orders were granted.

p. 3

Legal principles established

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  • A court lacks jurisdiction to entertain boundary disputes over registered land whose boundaries have not been determined under the Land Registration Act

Court orders

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  1. 1.The application dated February 20, 2023 is allowed as prayed
  2. 2.An order directing the Respondent, under Section 19 of the Land Registration Act and upon hearing the parties concerned, to cause the precise position of the boundaries of L.R No. Nzaui/Ikangavya/552 and L.R No. Nzaui/Ikangavya/351 to be defined by survey, file a plan containing the necessary particulars, and make a note in the register that the boundaries have been fixed, the plan to be deemed to accurately define the boundaries of the said parcels
  3. 3.Costs, charges and expenses of the investigations and hearing by the Registrar to be borne and paid by all parties in equal proportions
  4. 4.The Officer Commanding Kalamba Police Station to provide security for the Respondent and any officer accompanying him/her

Authorities

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Legislation

  • Land Registration ActSection 18(2)
  • Land Registration ActSection 19(1) and (2)
  • Land Registration ActSections 18 and 19

Cases cited (1)

  • Willis Ocholla v Mary Ndege
    (2016) eKLR
Jurisdiction invoked
Sections 18 and 19 of the Land Registration Act

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kioko v County Land Registrar Makeuni; Wambua (Interested Party) (Environment and Land Miscellaneous Application E002 of 2022) [2024] KEELC 4095 (KLR)", Case Analysis (2024). Not stated in judgment (Notice of Motion dated February 20, 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/4095/eng@2024-05-15

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.