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ELCStruck OutELC LC No. E107 of 2026· [2026] KEELC 4742 (KLR)

Munene & 2 others v Rosslyn Garden Villas Ltd & another (Environment and Land Case E107 of 2026) [2026] KEELC 4742 (KLR)

Environment and Land Court
23 July 2026
MCMbogo C.G.
1,909 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~8 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court struck out a boundary wall dispute because the land registrar—not the court—must first determine boundaries of registered land.

What this practically means

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Executive summary

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The plaintiffs, owners of Mandera Villas Nos. 12 and 14 on LR No. 28431, moved the Environment and Land Court by notice of motion dated 23rd March 2026 seeking a temporary injunction restraining the defendants from demolishing or realigning the boundary wall adjoining their properties and LR No. 28429. They alleged the wall had been erected by the 1st defendant as original developer, that the defendants had threatened unilateral demolition despite concealed encroachment attributable to the developer, and that negotiations for compensation had broken down. The defendants, through a replying affidavit of their director Elizabeth Waiyaki, countered that the 2nd defendant was the registered owner of LR No. 28429, that a surveyor had found the plaintiffs' perimeter wall encroached by 0.0413 hectares, that the error was attributable to the original project manager, and that a stalled sale and bank interest on the charged property compelled realignment; they also accused the plaintiffs of non-disclosure in obtaining ex parte orders. The court framed two issues: its jurisdiction, and entitlement to injunctive relief. Relying on Sections 18(2) and 19 of the Land Registration Act and the Owners of the Motor Vessel 'Lillian S' principle, the court held that the dispute, being a boundary question over private registered land, must first go to the land registrar; the suit was premature. It struck out both the motion and the plaint and ordered each party to bear its own costs.

Key legal issues

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01

Whether the ELC has jurisdiction over a dispute concerning realignment of a boundary wall between registered parcels

Holding

No – the dispute is a boundary dispute and the land registrar has first-instance mandate

Reasoning

The application and plaint showed the main dispute was realignment of boundaries adjoining private registered parcels. Section 18(2) of the Land Registration Act bars court proceedings on boundary disputes of registered land unless boundaries have first been determined under Section 19, which vests that power in the land registrar. The registrar is therefore the first port of call.

p. 8
02

Whether the plaintiffs were entitled to a temporary injunction

Holding

Not determined, the court lacking jurisdiction to reach the merits

Reasoning

Having found the jurisdiction of the court had been invoked prematurely because the boundary dispute had not gone to the land registrar, the court held it could not proceed to determine the merits of the injunction application, and instead struck out both the application and the plaint.

p. 8

Legal principles established

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  • Courts are barred from entertaining boundary disputes over registered land until the land registrar has fixed or determined the boundaries under Sections 18 and 19 of the Land Registration Act
  • Jurisdiction is everything; a court without jurisdiction cannot take any step in the matter

Court orders

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  1. 1.The notice of motion dated 23rd March, 2026 is struck out
  2. 2.The plaint dated 17th March, 2026 is struck out
  3. 3.Each party to bear its own costs
Jurisdiction invoked
Article 162(2) of the Constitution (Environment and Land Court); jurisdiction challenged under Sections 18(2) and 19 of the Land Registration Act

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, "Munene & 2 others v Rosslyn Garden Villas Ltd & another (Environment and Land Case E107 of 2026) [2026] KEELC 4742 (KLR)", Case Analysis (2026). ELC LC No. E107 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4742/eng@2026-07-23

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