Kimilgo (Suing as the Administrator of the Estate of the Late Kimilgo Arap Kukuto) v Cherono (Sued as Administratrix of the Estate of the late Ezekiel Kibet Bor) (Environment and Land Case E019 of 2022) [2026] KEELC 3606 (KLR)
The bottom line
#The court dismissed a landowner's request to have surveyors map boundaries, ruling that boundary disputes must go to the Land Registrar first, not the court.
What this practically means
#Executive summary
#Key legal issues
#Whether the court should order the District Land Registrar and District Land Surveyor Kericho to visit the suit land, file a report with GPS coordinates and propose implementation of the partial mediation agreement
The application is dismissed; the prayers exceed the leave granted and boundary determination must be sought from the Land Registrar by formal application.
The Plaintiff was granted leave only to seek orders compelling the Land Registrar to effect the partial mediation agreement, under which the Defendant surrendered two acres. Instead, the application asks the Surveyor and Registrar to map occupation of all occupiers, determine boundaries and propose implementation - matters beyond that leave. Following Shari v Daniel & 4 others, the proper route for boundary establishment and demarcation is a formal application to the Land Registrar under sections 18 and 19 of the Land Registration Act, not a court motion of this kind.
Whether allegations of forgery of the supporting affidavit can be raised in Grounds of Opposition
No; forgery allegations are issues of fact and ought not to have been raised in Grounds of Opposition, which raise issues of law only.
The Defendant's Grounds of Opposition alleged that the signature on the supporting affidavit did not resemble that on the 2022 affidavit, amounting to forgery. Relying on Catholic Diocese of Meru Trustees (Registered) v Agastine Njagi Njiiri & 3 others, the court held that grounds of opposition raise issues of law only. Allegations of forgery being issues of fact, they were improperly raised in that forum, though the court did not decide the forgery allegation on its merits.
Legal principles established
#- A party seeking establishment or demarcation of a boundary must formally apply to the Land Registrar under sections 18 and 19 of the Land Registration Act; the court will not, on a motion, direct the Registrar and Surveyor to survey and propose implementation of a settlement beyond the leave granted.
- Grounds of opposition raise issues of law only and not facts; allegations of forgery are issues of fact and should not be raised in Grounds of Opposition.
Court orders
#- 1.The Plaintiff/Applicant's Notice of Motion application dated 11th November, 2024 is dismissed with costs
- Jurisdiction invoked
- Inherent jurisdiction of the Court to preserve the integrity of its processes (invoked by the Applicant); original civil suit under the Court's land jurisdiction
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kimilgo (Suing as the Administrator of the Estate of the Late Kimilgo Arap Kukuto) v Cherono (Sued as Administratrix of the Estate of the late Ezekiel Kibet Bor) (Environment and Land Case E019 of 2022) [2026] KEELC 3606 (KLR)", Case Analysis (2026). Not stated in the judgment (application dated 11th November, 2024 in a suit filed by Plaint dated 30th November, 2022). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3606/eng@2026-06-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.