Shamba Poa Investments Limited v Hillary Kamunyu Wakaigwa & 34 others [2019] KEELC 4483 (KLR)
- Court
- Environment & Land Court
- Case number
- 4483
- Citation
- [2019] KEELC 4483 (KLR)
The court has the requisite jurisdiction to handle the dispute and the Plaintiff's suit raises a cause of action against the Defendants.
Facts
The Plaintiff, Shamba Poa Investments Limited, alleged that 31 Defendants had moved the boundaries of their parcels of land, encroaching on its land. The Plaintiff sought an order for the Defendants to appear before the Machakos County Land Registrar to reposition the boundaries.
Issues
- Whether the Plaintiff's suit is competent and discloses a cause of action against the Defendants.
- Whether the court has the requisite jurisdiction to handle the boundary dispute.
Reasoning
The court dismissed the Preliminary Objection as the Plaintiff's suit seeks to facilitate the settlement of the boundary dispute pursuant to the provisions of Section 18(2) and (3) of the Land Registration Act, and the Land Registrar has been uncooperative.
Outcome
The 32nd, 33rd and 35th Defendants are ordered to pay the costs of the Preliminary Objection.
Authorities cited
Legislation (1)
- Land Registration Act
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