Bineah Cheriari Kaan Mugun v Joan Nafula Naibei & Land Registrar Bungoma
The bottom line
#A landowner cannot bypass a Land Registrar's decision to keep a caution on his title by filing a fresh court suit instead of appealing or seeking review.
What this practically means
#Executive summary
#Key legal issues
#Whether the court should order removal of the caution lodged by the 1st Respondent on parcel N.Malakisi/W.Sasuri/1484
The suit was dismissed because the Land Registrar had already determined the Applicant's application for removal of the caution by ordering that it remain in force until all parties were heard, and that order remains unchallenged.
The Registrar gave notice to the cautioner, the cautioner objected, a hearing was convened on 11th August 2021, and the Applicant did not participate. The Registrar ordered the caution to remain until all parties were heard. That order was never appealed, set aside or reviewed, so the court held that the Applicant cannot litigate the same caution afresh; the proper remedy is appeal, setting aside or review.
Legal principles established
#- A party who has had an application to remove a caution determined by the Land Registrar cannot bring fresh proceedings to remove the same caution; the remedy is to appeal, set aside or review the Registrar's order.
- A caution may be removed by order of the court or, subject to subsection (2), by order of the Registrar under section 73 of the Land Registration Act, 2012.
Court orders
#- 1.The Originating Summons dated 22nd March 2022 is dismissed with costs
- Jurisdiction invoked
- Article 162 of the Constitution as read with Section 2 of the ELC Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Bineah Cheriari Kaan Mugun v Joan Nafula Naibei & Land Registrar Bungoma", Case Analysis (2025). Originating Summons dated 22nd March, 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/270/eng@2025-01-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.