Meta & another v Ngugi (Sued as the Administrator of the Estate of Ngugi Mwathi Deceased) (Environment and Land Case E023 of 2022) [2024] KEELC 6834 (KLR)
The bottom line
#A Thika court dismissed landowners' attempt to revive their boundary dispute, ruling that registry documents anyone could obtain don't count as new evidence.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicants satisfied the criteria for review under Section 80 of the Civil Procedure Act and Order 45 rule 1
The application failed because the alleged new evidence (the 1970 lease and 2001 official search) was always available in the Lands Registry and obtainable with due diligence, and the applicants did not demonstrate a boundary determination by the Land Registrar noted in the register
Review lies on discovery of new and important matter or evidence not obtainable with due diligence, error apparent on the face of the record, or other sufficient reason, without unreasonable delay. The lease dated 28/7/1970 and the search issued in 2001 were documents in the parcel file and registry, obtainable on payment of statutory fees. Further, registration of a parcel does not amount to a boundary determination by the Land Registrar as contemplated by Sections 18 and 19 of the Land Registration Act.
Whether registration of Plot No. 27 as Kabete/Kibichiku/393/27 and issuance of a certificate of lease established that boundaries had been fixed
Registration does not equate to a boundary determination; the applicants did not show that a boundary determination had been made by the Land Registrar and noted in the register prior to filing suit
Sections 18 and 19 of the Land Registration Act require that, except where the register notes that boundaries have been fixed, cadastral maps and filed plans indicate only approximate boundaries, and courts may not entertain boundary disputes unless boundaries have been determined under the section. The applicants tendered no evidence of a Registrar's determination or a note in the register.
Legal principles established
#- A party seeking review must show discovery of new and important matter or evidence which, after exercise of due diligence, was not within its knowledge and could not be produced earlier; mere availability of documents in a public registry negates the claim of new evidence
- In a boundary dispute concerning registered land, the first port of call is the Land Registrar; courts are precluded from entertaining boundary disputes absent a determination by the Land Registrar noted in the register
Court orders
#- 1.The application dated 31/1/2023 is dismissed for lack of merit
- 2.The applicants will bear costs of the application
- Jurisdiction invoked
- Section 80 of the Civil Procedure Act and Order 45 rule 1 of the Civil Procedure Rules (review of the court's own ruling)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Meta & another v Ngugi (Sued as the Administrator of the Estate of Ngugi Mwathi Deceased) (Environment and Land Case E023 of 2022) [2024] KEELC 6834 (KLR)", Case Analysis (2024). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/6834/eng@2024-10-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.