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ELCDismissed· [2025] KEELC 7827 (KLR)

Sun Palm Limited v Siaka & 2 others (Environment and Land Case E008 of 2025) [2025] KEELC 7827 (KLR)

Environment and Land Court
6 November 2025
EME. K. Makori
1,721 words in judgment
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The bottom line

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Kenya's Environment and Land Court says boundary beacon disputes must start at the Land Registrar's office, not the courtroom.

What this practically means

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Executive summary

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The applicant, registered owner of Title No. Kilifi/Jimba/408, moved the court by an application dated May 23, 2025 seeking an order directing the Land Registrar Kilifi, with the assistance of the OCS Watamu Police Station, to place beacons on the defendant's property, Title No. Kilifi/Jimba/669, within seven days, plus costs. The application was opposed and argued by way of written submissions. The respondents (defendants) argued that the dispute was purely a boundary dispute between adjacent parcels, that under Section 18(2) of the Land Registration Act and Rule 40(6) of the Land Registration (General) Regulations, 2017 the court lacked original jurisdiction, and that res judicata barred relitigation of title to parcel 669. The applicant (through Mr. Sausi's submissions recorded in the judgment as the responding position) contended that the supporting affidavit was improperly sworn by counsel unfamiliar with the matter, contrary to Order 51 Rule 4 read with Order 19 Rule 3 of the Civil Procedure Rules, and that a Kadhis' Court had declared the two properties owned equally by the parties, so the suit was properly before the court. The court, E. K. Makori J, reaffirmed that original jurisdiction over boundary disputes involving general boundaries lies with the Land Registrar, following Azzuri Limited v Pink Properties Limited, George Kamau Macharia & Dexka Limited, and its own prior decision in Shari v Daniel. However, the court noted the plaint showed the dispute also involved ownership and rent, not solely boundaries. It dismissed the application dated May 23, 2025 with costs, declining to direct the parties on how to conduct the main suit.

Key legal issues

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01

Whether the court can direct the placement of beacons on Kilifi/Jimba/669

Holding

No. Boundary determination involving general boundaries must first go to the Land Registrar under sections 18 and 19 of the Land Registration Act and Regulations 40 and 41; the court's jurisdiction is appellate and cannot be invoked at first instance.

Reasoning

The court applied the exhaustion doctrine, relying on Azzuri Limited v Pink Properties and George Kamau Macharia & Dexka Limited, and reiterated its own prior decision in Shari v Daniel. Where a statute vests a function in the Land Registrar, the court must let that department discharge it. Failure to follow the statutory procedure ousts the court's capacity to entertain boundary disputes over the parcels.

p. 3
02

Whether the underlying suit is solely a boundary dispute

Holding

No. The plaint and submissions indicate the dispute also involves ownership of the two properties and rent, so the boundary jurisdiction argument did not dispose of the entire suit.

Reasoning

Despite accepting the boundary procedure analysis, the court noted that the respondents' own plaint and submissions show the dispute extends beyond boundaries to ownership and rent. The court declined to direct the parties on how to plead or proceed, and confined itself to dismissing the beacon application.

p. 4

Legal principles established

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  • Original jurisdiction over boundary disputes relating to land with general or unclear boundaries lies with the Land Registrar; the Environment and Land Court's jurisdiction over such disputes is appellate only, under section 18(2) of the Land Registration Act and Regulation 40(6) of the Land Registration (General) Regulations, 2017
  • Courts should not assume original jurisdiction where a specific statutory procedure exists for dispute resolution (exhaustion doctrine)

Court orders

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  1. 1.The application dated May 23, 2025 is dismissed with costs

Authorities

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Legislation

  • Land Registration ActSection 18(2), 18(3), 19(1), 19(2)
  • Land Registration (General) Regulations, 2017Regulations 40, 41
  • Civil Procedure RulesOrder 51 Rule 4, Order 19 Rule 3

Cases cited (3)

  • Azzuri Limited v Pink Properties Limited
    [2018] eKLR
  • George Kamau Macharia & Dexka Limited
    (2019) eKLR
  • Shari v Daniel & 4 others
    [2025] KEELC 5021 (KLR)
Jurisdiction invoked
Section 18(2) of the Land Registration Act and Regulation 40(6) of the Land Registration (General) Regulations, 2017

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, "Sun Palm Limited v Siaka & 2 others (Environment and Land Case E008 of 2025) [2025] KEELC 7827 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7827/eng@2025-11-06

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