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ELCDismissedNot stated in the judgment· [2024] KEELC 5564 (KLR)

Sila v Munywoki & 2 others (Environment & Land Case E045 of 2023) [2024] KEELC 5564 (KLR)

Environment and Land Court
29 July 2024
COChristine Ochieng
1,454 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Machakos court refused an injunction, confirming that Kenyan land boundary disputes must first go to the Land Registrar, not the courtroom.

What this practically means

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Executive summary

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The Plaintiff, Daniel Ndaka Sila, the registered proprietor of LR Machakos/Nguluni/4036, brought a Notice of Motion dated 18th October 2023 seeking a temporary injunction restraining the Defendants from selling, charging, alienating, trespassing on or interfering with the suit land, enforcement of the orders by the Officer Commanding Nguluni Police Post, and registration of an inhibition order by the Chief Lands Registrar pending the hearing of the suit. He alleged that the 1st and 2nd Defendants trespassed in October and were in the process of selling his land, and that the 3rd Defendant, acting on their instructions, was conniving to defraud him of it. The 2nd Defendant, Dolly Nzisa Kennedy, and the 3rd Defendant, through its director Joseph Mwangi Wahome, opposed the application. They explained that the dispute arose from a boundary exercise undertaken by the Land Registrar, Machakos and the County Surveyor, who demarcated the parcels and placed beacons, following which the Plaintiff allegedly sought to uproot the beacons. The court, applying Giella v Cassman Brown and the definition of a prima facie case in Mrao Ltd v First American Bank, found that the Plaintiff failed to establish a prima facie case. Relying on Section 18 of the Land Registration Act, the court held that boundary disputes lie with the Land Registrar in the first instance, and the Plaintiff appeared aggrieved by that determination. Invoking Nguruman Limited v Jan Bonde Nielsen, the court declined to consider the remaining limbs of the injunction test. The application was found unmerited and disallowed, with each party bearing their own costs. The judgment was delivered virtually at Machakos on 29th July 2024 by Christine Ochieng, Judge.

Key legal issues

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01

Whether the Plaintiff established a prima facie case for a temporary injunction

Holding

The Plaintiff did not establish a prima facie case; the boundary dispute was resolved by the Land Registrar and County Surveyor, and the plaintiff's grievance lies with that statutory process.

Reasoning

The plaintiff is the registered proprietor of the suit land but the 2nd and 3rd Defendants are registered proprietors of their respective parcels. A boundary exercise conducted by the Land Registrar and County Surveyor demarcated the boundaries and placed beacons, which the plaintiff did not dispute. Under Section 18 of the Land Registration Act the Land Registrar handles boundary disputes in the first instance. The suit appears to be a challenge to that determination, so no prima facie case was made out.

p. 3
02

Whether the court needed to consider the remaining Giella v Cassman Brown limbs

Holding

No; once the plaintiff failed on the prima facie case limb, the court need not consider the other two limbs.

Reasoning

Applying Nguruman Limited v Jan Bonde Nielsen, where a plaintiff fails to establish a prima facie case, the court need not deal with the remaining limbs of the injunction test. The court expressly declined to consider irreparable harm and the balance of convenience.

p. 3

Legal principles established

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  • Under Section 18 of the Land Registration Act, the Land Registrar is mandated to deal with boundary disputes in the first instance

Court orders

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  1. 1.The Notice of Motion application dated 18th October 2023 is disallowed/unmerited
  2. 2.Each party to bear their own costs

Authorities

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Legislation

  • Land Registration ActSection 18

Cases cited (3)

  • Giella v Cassman Brown
    (1973) EA 358
  • Mrao Ltd v First American Bank Limited
    (2003) eKLR
  • Nguruman Limited v Jan Bonde Nielsen & 2 others
    (2014) eKLR
Jurisdiction invoked
Original civil jurisdiction of the Environment and Land Court over the suit land Machakos/Nguluni/4036

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, "Sila v Munywoki & 2 others (Environment & Land Case E045 of 2023) [2024] KEELC 5564 (KLR)", Case Analysis (2024). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/5564/eng@2024-07-29

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