keelc-2025-03695

RULING 1. This is the Ruling in respect of the Notice of Motion dated 30th December 2022 brought under Sections 14,18,19,86 and 101 of the Land Registration Act, 2012, Sections 3 and 13 of the Environment & Land Court and Order 51 Rule 1 of the Civil Procedure Rules 2010, Section 1A, 1B, 3A and 63(e) of the Civil Procedure Act and all the enabling Provisions of the Law. 2. It seeks orders: i. That the Decision of the Land Registrar Kajiado dated 19th December 2019 and delivered on the same day by P.K. Tonui (District Land Registrar) be and is hereby adopted as decision of this Honourable Court. ii. That Judgement be and is hereby entered in terms of the decision of the Land Registrar Kajiado dated 19th December 2019. iii. That the Parties who have encroached on Parcel No. Kajiado/Kaputiei North/27301 be ordered and directed to move out of the said parcel forthwith. iv. That costs of this application be provided for. 3. The grounds are on the face of the application and are set out in paragraphs a to f. The same is supported by the Afidavit of Mark Mbogo Maina, Regina Mumo Wambua and Benedict Mutuku Nduulu, Oficials of the Applicant sworn on the 30th December 2022. 4. The application is opposed. There are grounds of opposition filed by the 1st and 7th Respondents dated 28th February 2023. There is also a Replying Afidavit sworn by Sautet Jeremiah Matipei, the 1st Respondent’s son, sworn on the 28th March 2023. There is also a Replying Afidavit sworn by Stephen Kuyan Keshere, the 7th Respondent on the 28th March 2023. There is a Replying Afidavit sworn by the Interested Party on the 10th December 2023. 5. On the 18th of September 2024, the Court with the consent of the parties directed the Notice of Motion be canvassed by written submissions. 6. The Plaintifi/Applicant’s submission are dated 20th January 2024. Counsel submitted the parties appeared before the Land Registrar who upon hearing the parties, determined and fixed the boundaries and made a note on the Register to that efiect. 7. It is their case that the 1st Respondent has been uncooperative in having the decision implemented. The decision of the Land Registrar has not been appealed against. He prays that the orders sought be granted with costs. 8. The 1st and 2nd Respondents’ and the Interested Party’s submissions are dated 20th January 2025. It is submitted that the Land Registrar had a duty to give notice to the owners and occupiers of the adjacent land in question of the intention to deal with the boundary dispute, as well as accord such persons an opportunity to be heard. 9. It is further submitted that this was not done hence the land owners are likely to sufier loss if the said report is implemented. They pray that the application be found to be without merit and be dismissed. 10. I have considered the Notice of Motion, the Afidavit in support, the Responses thereto and the rival submissions. The issue for determination is whether this application is merited. https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3695/eng@2025-05-05 2

page 2 of 3

11. I have gone through the annextures to the Notice of Motion. The Notice dated 26th November 2019 was served on all the Respondents. Another Notice by the Land Registrar dated 10th December 2019 was served on the Respondents to appear on the 19th of December 2019 for the Ruling on the boundary dispute. The Ruling by the Land Registrar is dated 19th December 2019. 12. Regulation 40 (6) of the Land Registration (General) Regulations 2017 provides that; “Any party aggrieved by the decision of the Land Registrar made under paragraph 5 may within 30 days of the date of notification appeal the decision to the court.” 13. Despite having participated in the boundary dispute, and having knowledge of the decision by the Land Registrar, the Respondents chose not to appeal. Instead, they became uncooperative. Their opposition to this Notice of Motion is an afterthought. I rely on the case of Ali & 2 others VS Wang’ombe [2024] KEELC 4420 KLR in finding that the Respondents cannot challenge the decision of the Land Registrar by way of Replying Afidavit. 14. In conclusion, I find merit in this application and the same is allowed in the following terms; a. That the Decision of the Land Registrar Kajiado dated 19th December 2019 and delivered on the same day by P.K. Tonui (District Land Registrar) is hereby adopted as decision of this Honourable Court. b. That Judgement is hereby entered in terms of the decision of the Land Registrar Kajiado dated 19th December 2019. c. That the Parties who have encroached on Parcel No. Kajiado/Kaputiei North/27301 be ordered and directed to move out of the said parcel within thirty (30) days from the date of this Ruling. DATED, SIGNED AND DELIVERED VIRTUALLY AT KAJIADO THIS 5TH DAY OF MAY 2025. L.KOMINGOI JUDGE In The Presence Of: For the Plaintifi/Applicant For the 1st and 7th Defendants/Respondents For the 2nd to 6th, 8th to 11th Defendants/Respondents For the Interested Party Court Assistant: Mutisya https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3695/eng@2025-05-05 3

page 3 of 3