Paulina Chemarich v Jonah B. Kimurto & 5 Others [2014] KEELC 486 (KLR)
- Court
- Environment & Land Court
- Case number
- 486
- Citation
- [2014] KEELC 486 (KLR)
- Decided
- 6 February 2014
The suit is incompetent and struck out. The plaintiff cannot file an application to have the decision of the Land Registrar adopted as a judgment of the court.
Facts
The plaintiff filed a suit seeking to have an order of the Land Registrar on boundary adopted as an order of court. The suit was filed on 15 November 2011, and the plaintiff sought to have the name of the 4th defendant, Kimurto Kabomet, struck out from the suit due to his death. The 1st defendant sought to have the suit struck out.
Issues
- Whether the suit is competent to have the order of the Land Registrar on boundary adopted as an order of court.
- Whether the plaintiff can file an application to have the decision of the Land Registrar adopted as a judgment of the court.
Reasoning
The court found that there is no provision in the law allowing a party to file a Miscellaneous Cause to automatically have a decision of the registrar adopted as a judgment of the court. The plaintiff needs to file a suit for trespass if she claims that the 1st, 2nd, and 3rd respondents trespassed into her land.
Outcome
The suit is struck out.
Orders
- The suit is struck out.
- Costs are in the discretion of the court.
Authorities cited
Legislation (1)
- Section 27 of the Civil Procedure Act
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