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ELCDismissedOriginating Summons dated 20th June 2024 (filed 11th July 2024)· [2026] KEELC 4512 (KLR)

Wanjala v Land Registrar, Busia County (Enviromental and Land Originating Summons E026 of 2024) [2026] KEELC 4512 (KLR)

Environment and Land Court
16 July 2026
2,141 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~9 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court in Busia upheld the Land Registrar's power to fix boundary disputes, dismissing a landowner's challenge to a reduced acreage on his title.

What this practically means

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Executive summary

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The Applicant, John Ouma Wanjala, co-proprietor with his father's siblings of land parcel Bunyala/Bulemia/466 (6.6 hectares) registered in 2010 pursuant to a confirmed grant in Busia High Court Succession Cause No 101 of 2006, challenged a decision of the Land Registrar Busia dated 26th October 2023 directing amendment of the register to reflect an actual ground acreage of 4.5 hectares following a boundary dispute with the owners of parcel Bunyala/Bulemia/693. By Originating Summons under Section 86 of the Land Registration Act, he sought declarations that the rectification was null and void, that the register reflect 6.6 hectares, and costs. The court noted that the only Respondent, the Land Registrar, was never served with the summons, only with mention notices, and that the owners of the adjoining parcel 693, key players in the dispute, were never impleaded. On the merits, the court held that boundary determination falls within the statutory jurisdiction of the Land Registrar under Sections 18, 78 and 87 of the Land Registration Act; that the Registrar was guided by the County Surveyor's sketch map annexed to the 4th February 2016 report, contrary to counsel's submission that she ignored that report; and that the exercise confirmed boundaries and sizes without cancelling title or contravening Sections 24 and 26. The court declined to usurp the Registrar's statutory rectification power, found no basis to fault the decision, and dismissed the summons with no orders as to costs.

Key legal issues

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01

Service of the Originating Summons on the Respondent

Holding

There was no evidence that the Land Registrar Busia was ever served with the Originating Summons, only with mention notices

Reasoning

The court reviewed all affidavits of service and notices on record dated between 31st January 2025 and 29th July 2025 and found they all related only to mention of the summons. Neither personal service nor service through the Attorney General was effected on the only Respondent.

p. 3
02

Non-joinder of owners of parcel Bunyala/Bulemia/693

Holding

The owners of the adjoining parcel with an interest in the boundary dispute ought to have been impleaded but were not

Reasoning

The court noted that the proprietors of parcel 693 were key players in the boundary dispute yet were omitted from the proceedings, a procedural shortcoming in the Applicant's case.

p. 3
03

Whether the Land Registrar acted unfairly in relying on the 2016 surveyor's report

Holding

The Land Registrar did not ignore the 4th February 2016 report; she relied on the sketch map annexed to it

Reasoning

The 2016 report did not refer to acreage but recorded that boundaries were picked as shown on the map. The Land Registrar's decision of 26th October 2023 was guided by that sketch map after hearing the parties and their witnesses under Section 87 of the Land Registration Act.

p. 4
04

Whether the boundary determination contravened Sections 24 and 26 of the Land Registration Act

Holding

The determination confirmed boundaries and sizes and did not contravene Sections 24 and 26 nor amount to cancellation of title

Reasoning

The court held that the Land Registrar's exercise was a lawful boundary determination under Sections 78 and 87 of the Land Registration Act, confirming the respective boundaries and sizes of the two parcels; it was not a cancellation of title and thus did not infringe the protections pleaded.

p. 4

Legal principles established

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  • Boundary disputes fall within the jurisdiction of the Land Registrar under Section 18 of the Land Registration Act
  • A Land Registrar's boundary determination under Sections 78 and 87 of the Land Registration Act does not amount to cancellation of title

Court orders

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  1. 1.The Applicant's Summons dated 20th June 2024 and filed on 11th July 2024 dismissed with no orders as to costs
Jurisdiction invoked
Section 86 of the Land Registration Act and Orders 37 Rule 7(1)(2), 13 and 15 of the Civil Procedure Rules

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, "Wanjala v Land Registrar, Busia County (Enviromental and Land Originating Summons E026 of 2024) [2026] KEELC 4512 (KLR)", Case Analysis (2026). Originating Summons dated 20th June 2024 (filed 11th July 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4512/eng@2026-07-16

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