Salim Juma Silaha & another v Mwabaya Juba Chitsamba & 3 others [2018] KEELC 2724 (KLR)
- Court
- Environment & Land Court
- Case number
- 2724
- Citation
- [2018] KEELC 2724 (KLR)
Summary at a glance
TypeBoundary DisputePostureAppeal from a decision to strike out the suitCoramL. KOMINGOI
The suit is premature and is struck out with costs to the Defendants.
Facts
The Plaintiffs filed a suit against the Defendants seeking an order for survey and boundary remarking of the two parcels, an order of eviction, and costs. The Defendants filed a preliminary objection based on the lack of a Land Registrar's report.
Issues
- Whether the suit is premature due to the lack of a Land Registrar's report on the issue of boundaries.
- Whether the Plaintiffs' claim for resurvey and boundary remarking is valid without a Land Registrar's report.
Reasoning
The court held that the Plaintiffs' claim is premature because they did not first seek redress from the Land Registrar as required by Section 18(2) of the Land Registration Act, 2012. The court cited the case of Willis Ocholla v Mary Ndege Kisumu ELC Land case No, 137 of 2015.
Outcome
The suit is struck out with costs to the Defendants.
Orders
- The suit is struck out with costs to the 1st & 2nd Defendants.
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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