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ELCPartially Allowed· [2025] KEELC 3695 (KLR)
Portland Housing Cooperative Society Limited v Moyonkoi & 10 others; Matipei (Interested Party) (Environment & Land Miscellaneous Case E003 of 2023) [2025] KEELC 3695 (KLR)
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·~3 min to read original · ~4 min briefThe bottom line
#A Kajiado court confirmed that ignoring the 30-day window to appeal a Land Registrar's boundary decision means you cannot resist it later.
What this practically means
#Executive summary
#This is a Ruling of the Environment and Land Court at Kajiado (L. Komingoi, J) on a Notice of Motion dated 30th December 2022 brought by officials of the Plaintiff/Applicant under the Land Registration Act, the Environment & Land Court Act and the Civil Procedure Act and Rules. The application sought adoption of the decision of the Land Registrar Kajiado dated 19th December 2019, delivered by P.K. Tonui, as a decision of the Court, entry of judgment in its terms, and an order that parties who had encroached on Parcel No. Kajiado/Kaputiei North/27301 vacate. The application was opposed by the 1st and 7th Respondents through grounds of opposition and Replying Affidavits, and by the Interested Party. The 1st and 2nd Respondents and the Interested Party argued that the Land Registrar had failed to give notice to adjacent owners and accord them a hearing, and that they stood to suffer loss if the decision were implemented. The Applicant submitted that notices were served, the boundary dispute was heard and determined, and that the decision had never been appealed against. The Court framed a single issue: whether the application was merited. It found the notices dated 26th November 2019 and 10th December 2019 had been served, and that under Regulation 40(6) of the Land Registration (General) Regulations 2017 the Respondents had 30 days to appeal but chose not to, becoming uncooperative instead. Relying on Ali & 2 others v Wang'ombe [2024] KEELC 4420 KLR, the Court held the Respondents could not challenge the Registrar's decision by way of Replying Affidavit. The Court allowed the application, adopted the Registrar's decision, entered judgment in its terms, and ordered encroachers to vacate within 30 days. The Ruling is silent on costs.
Key legal issues
#01
Whether the application seeking adoption of the Land Registrar's decision should be allowed
Holding
The application was merited; the Registrar's decision was adopted, judgment entered in its terms, and encroachers ordered to vacate within 30 days.
Reasoning
The Respondents were served with the notices of the boundary proceedings and of the ruling date, participated in the boundary dispute, and had knowledge of the decision. They failed to appeal within the 30 days allowed by Regulation 40(6) of the Land Registration (General) Regulations 2017. Having chosen not to appeal, they could not challenge the decision through a Replying Affidavit; their opposition was an afterthought and they had been uncooperative in implementation.
p. 3
Legal principles established
#- A party aggrieved by a Land Registrar's boundary decision must appeal to the court within 30 days and cannot challenge it by way of Replying Affidavit
Court orders
#- 1.The Decision of the Land Registrar Kajiado dated 19th December 2019, delivered the same day by P.K. Tonui (District Land Registrar), is adopted as a decision of the Court
- 2.Judgment is entered in terms of the decision of the Land Registrar Kajiado dated 19th December 2019
- 3.Parties who have encroached on Parcel No. Kajiado/Kaputiei North/27301 are ordered and directed to move out of the said parcel within thirty (30) days from the date of the Ruling
- Jurisdiction invoked
- Sections 14, 18, 19, 86 and 101 of the Land Registration Act, 2012; Sections 3 and 13 of the Environment & Land Court Act; Order 51 Rule 1 of the Civil Procedure Rules 2010; Sections 1A, 1B, 3A and 63(e) of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Portland Housing Cooperative Society Limited v Moyonkoi & 10 others; Matipei (Interested Party) (Environment & Land Miscellaneous Case E003 of 2023) [2025] KEELC 3695 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3695/eng@2025-05-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.