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ELCStruck OutNot stated in judgment (notice of motion dated 17/09/2024)· [2025] KEELC 8466 (KLR)

China Wu Yi (Kenya) Precast Company Limited v Namusonge & 19 others (Environment and Land Case Civil Suit E080 of 2024) [2025] KEELC 8466 (KLR)

Environment and Land Court
2 December 2025
2,459 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
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The bottom line

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What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Machakos (A. Y. Koross, J) determined the plaintiff's notice of motion dated 17/09/2024 seeking a temporary injunction restraining the 1st to 19th defendants from entering, trespassing on, building on or occupying L.R. No. Mavoko Town Block 2/119, alongside a preliminary objection by the 16th defendant contending that the court lacked jurisdiction under Section 18 of the Land Registration Act. The plaintiff, through Shi Zuliang, claimed to be the bona fide owner of the suit parcel and alleged encroachment since 2019, relying on a survey report of August 2023 attributed to the 20th defendant showing encroachment of 2.0767 ha. The defendants, purchasers from the subdivision of mother parcel Mavoko Town Block 2/133, asserted a 2018 boundary process had found the plaintiff to be the encroacher and doubted the 2023 report. The court framed three issues: the threshold of the PO, jurisdiction, and entitlement to injunctive relief. Applying Mukisa Biscuit and Aviation & Allied Workers Union, it found the PO raised a pure point of law. On jurisdiction, it adopted Azzuri Limited v Pink Properties Limited and held the parcels were registered under the repealed Registered Land Act with general boundaries shown on the RIM, so boundary disputes fall to the land registrar, not the court. Finding no jurisdiction, the court declined to determine the injunction question and struck out the suit with costs to the defendants.

Key legal issues

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01

Threshold of a preliminary objection

Holding

The PO on jurisdiction was a pure point of law that met the Mukisa Biscuit threshold and could dispose of the entire suit

Reasoning

Applying Mukisa Biscuit and Aviation & Allied Workers Union, the court tested whether the objection raised a pure question of law on agreed facts without need for fact ascertainment or exercise of discretion. It concluded that jurisdiction is a matter of pure law capable of determining the outcome of the entire suit, so the PO was properly before the court.

p. 4
02

Jurisdiction over boundary disputes concerning general boundaries

Holding

The parcels in dispute have general boundaries and only the land registrar may determine such disputes; the court struck out the suit for want of jurisdiction

Reasoning

Relying on Section 18 of the Land Registration Act and authority including Azzuri Limited v Pink Properties Limited, the court held that the plaintiff's parcel and the subdivisions of the mother parcel were governed by the repealed Registered Land Act, whose RIMs show approximate boundaries only. Disputes over general boundaries vest in the land registrar, not the court, and the plaintiff's report of 8/08/2023 was not obtained through the prescribed framework.

p. 6

Legal principles established

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  • Courts lack jurisdiction to entertain boundary disputes over land with general boundaries; such disputes must be determined by the land registrar

Court orders

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  1. 1.The suit is hereby struck out with costs to the defendants.
  2. 2.The file is hereby effectively marked as closed.

Authorities

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Legislation

  • Civil Procedure ActSections 1A, 1B and 3A
  • Civil Procedure RulesOrder 40 Rules 1(a) & (b) and Order 51 Rule 1
  • Land Registration ActSections 18 and 19
  • Survey ActCap. 299
  • Registered Land Act (repealed)Section 18
  • Registration of Titles Act (repealed)Not specified

Cases cited (5)

  • Mukisa Biscuit Manufacturing Co. Ltd v West End Distributors Ltd
    (1969) EA 696
  • Aviation & Allied Workers Union Kenya v Kenya Airways Limited & 3 others
    [2015] KESC 23 (KLR)
  • Azzuri Limited v Pink Properties Limited
    [2018] KECA 392 (KLR)
  • Njugunah v Maluka & 4 others
    [2023] KEELC 18522 (KLR)
  • Abdalla Mohamed Salim & another v Omar Mahmud Shallo & another
    [2014] KEHC 5389 (KLR)
Jurisdiction invoked
Sections 18 and 19 of the Land Registration Act (bar on court entertaining boundary disputes over general boundaries)

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, "China Wu Yi (Kenya) Precast Company Limited v Namusonge & 19 others (Environment and Land Case Civil Suit E080 of 2024) [2025] KEELC 8466 (KLR)", Case Analysis (2025). Not stated in judgment (notice of motion dated 17/09/2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8466/eng@2025-12-02

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