Nguru v Kirundi (Land Case Appeal E030 of 2025) [2026] KEELC 4148 (KLR)
The bottom line
#Kenyan courts cannot decide land boundary disputes until the Land Registrar first fixes the boundaries, so unsupported trespass claims fail.
What this practically means
#Executive summary
#Key legal issues
#Whether the trial magistrate erred in analysing the surveyor's final report dated 4-6-2024
He did not err; the report contradicted the Appellant's own witness statement on whether the parcels abutted, showing uncertainty in the data
The report stated that T.128 was bounded by an access road all round, contradicting the Appellant's witness statement that the plot neighbours T.110. The Land Registrar's earlier report recommended completion of planning and survey before a Published Registry Index Map could be used as datum. The encroachment evidence was the Appellant's own uncorroborated oral testimony, and he bore the burden of proof on a balance of probabilities.
Whether the trial court wrongly held that the dispute was a boundary dispute ousting its jurisdiction
The finding was correct; the dispute could only be resolved by the Land Registrar and Surveyor under Sections 18 and 19 of the Land Registration Act
The Appellant alleged encroachment while the Respondent denied it; the location of the building relative to the boundary could only be established once the boundaries were determined. Section 18(2) bars courts from entertaining boundary disputes not first determined by the Land Registrar.
Whether the trial magistrate wrongly relied on the Respondent's cross-examination evidence
He did not; the totality of the evidence showed the Appellant failed to prove his case on a balance of probabilities
The court reviewed the evidence as a whole and found the claim unsupported. Oral evidence was uncorroborated by maps, pictures or expert evidence, and the available expert evidence in fact contradicted the Appellant's case on whether the two parcels abutted each other.
Legal principles established
#- A first appellate court must re-evaluate the entire evidence and draw its own conclusions while making due allowance for not having seen or heard the witnesses
- A court cannot entertain disputes as to boundaries of registered land unless the boundaries have been determined by the Land Registrar
- Costs follow the event unless the court for good reason otherwise orders
Court orders
#- 1.The appeal is dismissed with costs
- 2.The Respondent will also have the costs of the lower court
- On appeal from
- Murang'a Chief Magistrate's Court (CM's ELC Case No. E018/2023)
- E018/2023
- Jurisdiction invoked
- First appeal under the court's appellate jurisdiction over subordinate courts in environment and land matters
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nguru v Kirundi (Land Case Appeal E030 of 2025) [2026] KEELC 4148 (KLR)", Case Analysis (2026). MRG ELCLA E030 OF 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4148/eng@2026-06-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.