Maika & 2 others (Suing as the Personal Representatives of the Estate of Osikambe Maika Kamunyo Deceased) v Principal Land Registrar, Kajiado Central and South & 2 others (Environment and Land Appeal 9 of 2017) [2024] KEELC 4190 (KLR)
The bottom line
#A Kenyan court ruled that a Land Registrar's unappealed boundary decision is final and cannot be reopened by another Registrar; the 2006 determination must now be implemented.
What this practically means
#Executive summary
#Key legal issues
#Res judicata effect of an earlier unappealed Land Registrar determination
The 2016 determination was an error; the 2006 decision stands as the lawful determination
The same boundary dispute had been heard and determined by a predecessor Registrar in 2006. Though parties consented to the second exercise, the earlier decision by a competent registrar was never appealed and thus had the force of law. It could only be set aside on appeal to the High Court, not varied by a Registrar of the same designation.
Duty of the Registrar to be guided by survey office findings
The Registrar erred in contravening the District Surveyor's findings of encroachment
Regulation 4 of the Land (General) Regulations, 2017 requires the Registrar to be guided by the recommendation of the office responsible for survey of land. The District Surveyor found encroachment into L.R. 38 by parcels 741, 742, 496-499; ignoring this guidance was a grave mistake that cannot stand.
Court's jurisdiction over appeals from the Land Registrar
The court has jurisdiction under regulation 40(6) of the 2017 Regulations
Regulation 40(6) permits any party aggrieved by a decision of the Registrar made under paragraph (5) to appeal to the court within 30 days of notification. The appellants therefore had a right of appeal against the Registrar's decision of 25/8/2016.
Right to be heard before boundary determination
It was wrong for the Land Registrar to make his second determination without affording affected land owners an opportunity to be heard
Regulations 40(2) and (5) require the Registrar to issue notice in form LRA 24 to all persons on the register who may be affected, and after giving all persons appearing an opportunity to be heard, make a determination. The second determination was made in breach of this requirement.
Power to cancel title deeds
The Land Registrar had no power to order cancellation of title deeds
The Registrar's jurisdiction was limited to determining the boundary under the guidance of the survey office. Recommending surrender of three title deeds for cancellation exceeded that jurisdiction; parties aggrieved must seek revocation of titles in court.
Legal principles established
#- A boundary determination by a Land Registrar that was never appealed against has the force of law and can only be set aside on appeal by the High Court, not varied by another Registrar
- In determining a boundary dispute, the Registrar shall be guided by the recommendation of the office responsible for survey of land
- The Land Registrar has no power to order cancellation of title deeds; his jurisdiction is limited to determining boundaries under the guidance of the survey office
Court orders
#- 1.The appeal against the decision of the Land Registrar delivered on 25/8/2016 is hereby allowed
- 2.The decision by Daniel K. Nyantika delivered in June 2006 is the lawful determination of the dispute and the same to be implemented
- 3.Costs of the appeal to the appellants
- On appeal from
- Land Registrar Kajiado
- L.R. No. Lorngosua/38 -versus- Enkaroni Group Ranch Purko 18 dispute
- Jurisdiction invoked
- Regulation 40(6) of the Land (General) Regulations, 2017
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Maika & 2 others (Suing as the Personal Representatives of the Estate of Osikambe Maika Kamunyo Deceased) v Principal Land Registrar, Kajiado Central and South & 2 others (Environment and Land Appeal 9 of 2017) [2024] KEELC 4190 (KLR)", Case Analysis (2024). Not stated on record. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/4190/eng@2024-05-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.