Kiarie v Pelia (Environment & Land Case 868 of 2017) [2024] KEELC 5539 (KLR)
The bottom line
#Kenya's Environment and Land Court refused to decide a fence/access-road fight, ruling boundary disputes must first go to the Land Registrar — whose report now binds both neighbours.
What this practically means
#Executive summary
#Key legal issues
#Whether the court has jurisdiction to determine the dispute over the closure of the access road
The court lacks jurisdiction because the dispute is a boundary dispute reserved for the Land Registrar under Sections 16, 17 and 18 of the Land Registration Act
The court found on the pleadings, evidence and testimonies that the real question was the position of the boundary/access road between the parties' parcels. Section 18(2) of the Land Registration Act bars courts from entertaining boundary disputes not first determined by the Land Registrar. Both survey reports and the summonses to the Land Registrar and District Surveyor confirmed the dispute concerned the position of the access road, so the Plaintiff's prayers became moot.
Whether the Plaintiff is entitled to the reliefs sought
No - the prayers are moot given the jurisdictional bar, and the Registrar's report of 22nd May 2018 is binding on all parties
The court noted two survey reports existed on the same dispute. The Defendant's report of 22nd May 2018 used the Olkinois Group Ranch RIM and subdivision scheme, GPS, ranging rods and total station, and recommended an offset of a 12-metre road from beacons G, A and F along parcel 459. Since the Land Registrar is the mandated body for boundary determination, the Plaintiff's prayers could not be granted and the Registrar's report binds the parties.
Who should bear costs of the suit
Each party to bear own costs, as the parties are neighbours
Although costs ordinarily follow the event under Section 27 of the Civil Procedure Act, the court in its discretion ordered each party to bear its own costs given the neighbourhood relationship between the parties.
Legal principles established
#- The court shall not entertain any action relating to a dispute as to the boundaries of registered land unless the boundaries have been determined in accordance with the Land Registration Act
- Where both parties' survey reports identify a common factor (the 12-metre road), the Land Registrar and District Surveyor's report is binding on the parties
Court orders
#- 1.That the report dated 22nd May 2018 (the Land Registrar and District Surveyor's report) is binding on all parties
- 2.That the Plaintiff's prayers are moot and cannot be granted
- 3.That each party to bear own costs
- Jurisdiction invoked
- Articles 162(2) and 165 of the Constitution establishing the Environment and Land Court (implied); jurisdiction curtailed by Sections 16, 17 and 18 of the Land Registration Act on boundary disputes
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kiarie v Pelia (Environment & Land Case 868 of 2017) [2024] KEELC 5539 (KLR)", Case Analysis (2024). ELC No. 868 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/5539/eng@2024-07-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.