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ELCPartially AllowedNAKURU ELC NO. E 012 OF 2025· [2026] KEELC 2981 (KLR)

Manyara (Suing as the Legal Representatives of the Estate of Richard Kungu Manyara - Deceased) v Attorney General (Environment and Land Case E012 of 2025) [2026] KEELC 2981 (KLR)

Environment and Land Court
19 May 2026
MOM. A. ODENY
902 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court confirmed that restrictions on land titles cannot last indefinitely and ordered the Land Registrar to lift one within 14 days.

What this practically means

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Executive summary

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The Plaintiff, legal representative of the late Richard Kungu Manyara, the registered owner of LR No. Nakuru Municipality Block 12/111, sued the Land Registrar, Nakuru, seeking a declaration that a restriction illegally placed on the title by the Ministry of Infrastructure, Housing and Urban Development be removed, together with general damages and costs. The Defendant filed a defence but neither attended the hearing nor called evidence, so the suit proceeded undefended. PW1 adopted her witness statement and produced nine documents, testifying that the family had been in possession of the land for over thirty years and held a valid title deed. The court framed two issues: whether the restriction should be removed, and whether the Plaintiff was entitled to general damages and costs. Relying on Section 78 of the Land Registration Act, which empowers the court on a proprietor's application to order removal, variation or other orders regarding a restriction, and on authorities holding that a caveat is a temporary protective measure that cannot deprive an owner of property indefinitely, the court found the Plaintiff had proved her case on a balance of probabilities. Notably, the Plaintiff had written to the Registrar seeking removal without response, and the Defendant offered no justification for maintaining the restriction. The court ordered the Registrar to lift the restriction within fourteen days, failing which it stands removed by the order, and directed that each party bear their own costs. General damages were not awarded.

Key legal issues

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01

Whether the restriction placed on the suit land should be removed

Holding

Yes - the Plaintiff proved her case on a balance of probabilities; the Registrar was ordered to lift the restriction within 14 days, failing which it stands removed by the court's order.

Reasoning

Section 78 of the Land Registration Act empowers the court, on application by a proprietor affected by a restriction, to order its removal, variation, or any other order it deems fit. The Plaintiff wrote to the Land Registrar seeking removal and received no response. The Defendant was served, filed a defence, but did not attend court to justify the restriction's continued existence. The case was undefended and the court found the restriction unsustainable.

p. 4
02

Whether the Plaintiff was entitled to general damages

Holding

No general damages were awarded; the court granted only removal of the restriction and made no award of damages.

Reasoning

Although the Plaintiff sought general damages, the court's final orders addressed only the removal of the restriction and costs. The judgment contains no reasoning awarding or expressly rejecting damages, but the disposition omits them, implying the removal order was deemed adequate relief.

p. 5

Legal principles established

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  • Upon the application of a proprietor affected by a restriction, the court may order the restriction to be removed, varied, or make such other order as it deems fit.
  • The court has discretion to order removal of a restriction on a title, but that discretion must be exercised judicially.
  • A caveat or caution is a temporary protective measure and should not be used to deprive a proprietor of their right to property indefinitely.

Court orders

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  1. 1.The Land Registrar, Nakuru, is ordered to lift the Restriction placed on the property known as NAKURU MUNICIPALITY BLOCK NO. 12/111 within 14 days failure to which it stands removed by this order
  2. 2.Each Party to bear their own costs

Authorities

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Legislation

  • Land Registration ActSection 78
  • Land Registration ActSections 71 to 75

Cases cited (4)

  • Joyce Waithira Mwangi v Thika Land Registrar
    [2018] eKLR
  • John Kamau Kinyanjui v Thika District Land Registrar
    [2017] KEELC 714 (KLR)
  • Boyes Vs Gathure
    (1969) EA 385
  • Sammy Nganga Ngatiri S.S Vs. George Ngatiri & 2 Others
    (2021) eKLR
Jurisdiction invoked
Section 78 of the Land Registration Act (court's power to order removal of a restriction upon application of a proprietor affected)

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, "Manyara (Suing as the Legal Representatives of the Estate of Richard Kungu Manyara - Deceased) v Attorney General (Environment and Land Case E012 of 2025) [2026] KEELC 2981 (KLR)", Case Analysis (2026). NAKURU ELC NO. E 012 OF 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2981/eng@2026-05-19

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