Mbutu v Land Registrar – Nakuru (Environment & Land Miscellaneous Case 12 of 2024) [2024] KEELC 4286 (KLR)

The court examined sections 9 of the Land Registration Act and 19 of the Environment and Land Court Act and found that neither provision authorises commencement of substantive claims by miscellaneous application. The applicant sought substantive prayers (cancellation of a register and adoption of a new register), which require a properly instituted suit under the Civil Procedure Act Cap 21 and the Civil Procedure Rules 2010. The application therefore had no basis in law. The court further noted there was no evidence of the applicant's directorship of the co-operative society.

Although the applicant asserted he had been a director of Wiumiririe Farmers Co-Operative Society Limited since 1996, the court found the supporting material did not establish this claim. Without proof of directorship, the applicant's interest in the co-operative's register was unverified, reinforcing the dismissal of the application on both procedural and evidentiary grounds.