Koira v Naisewa (Environment and Land Case 592 of 2017) [2025] KEELC 5535 (KLR)
The bottom line
#A Kajiado court ruled that land registration laws limiting boundary disputes apply only to registered land, so the lawsuit over an unregistered plot can proceed.
What this practically means
#Executive summary
#Key legal issues
#Whether the court has original jurisdiction over the suit given Section 18 of the Land Registration Act
The preliminary objection fails because the subject plot is not registered land, so Sections 18 and 19 of the Land Registration Act do not apply and the court has jurisdiction.
The defendant argued that the cause of action is a boundary dispute, barred by Section 18(2) of the Land Registration Act unless boundaries are first determined under that section. The court held the provision only applies to registered land. The subject plot, Plot No. 138/Oloosirkon Trading Centre, is not registered land, hence the Act does not apply and the court possesses the requisite jurisdiction. Reading statutes holistically confirms the limitation.
Whether the defendant's first and second points qualify as preliminary objections
The first point (distinct ownership of plots) is factual and cannot be a preliminary objection; the second (non-joinder) fails because Order 1 rule 9 provides that no suit shall be defeated by non-joinder.
Applying the Mukisa Biscuit definition, a preliminary objection must be a pure point of law. Ownership of distinct plots is a factual matter requiring evidence. The non-joinder argument, together with narration of a previous Machakos suit, is not allowable in a preliminary objection, and Order 1 rule 9 of the Civil Procedure Rules expressly provides that no suit shall be defeated by misjoinder or non-joinder of parties.
Legal principles established
#- A preliminary objection is a point of law that must not be blurred by contested factual details.
- A suit cannot be defeated by reason of misjoinder or non-joinder of parties under Order 1 rule 9 of the Civil Procedure Rules.
- Section 18(2) of the Land Registration Act barring boundary-dispute actions applies only to registered land.
Court orders
#- 1.The defendant's preliminary objection is dismissed
- 2.Costs of the preliminary objection to the Plaintiff
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court; preliminary objection on jurisdiction considered under Sections 18 and 19 of the Land Registration Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Koira v Naisewa (Environment and Land Case 592 of 2017) [2025] KEELC 5535 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5535/eng@2025-07-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.