Abdulhalim Abdalla & 2 Others v Kennedy Kanungu & 4 Others [2020] KEELC 3183 (KLR)
- Court
- Environment & Land Court
- Case number
- 3183
- Citation
- [2020] KEELC 3183 (KLR)
- Decided
- 13 March 2020
The court lacks jurisdiction to entertain the boundary dispute as the Registrar has not yet determined the boundaries in accordance with the Land Registration Act.
Facts
The Plaintiffs claim to own two parcels of land, while the Defendants argue they are not the rightful owners and that the Plaintiffs have been trespassing and uprooting beacons on their land. The Plaintiffs claim to have bought the land from a vendor named Omar Hussein Abdalla in 2008, but have had a boundary dispute with the Defendants since around 2015.
Issues
- Jurisdiction of the court to entertain the boundary dispute
- Ownership of the disputed land
Reasoning
The court's hands are tied by the mandatory provisions of the Land Registration Act, which requires boundary disputes to be determined by the Registrar's office. The Plaintiffs' application and suit are therefore premature and struck out.
Outcome
The application and the suit are struck out.
Orders
- The application is dismissed.
- The suit is struck out.
Authorities cited
Legislation (2)
- Land Registration Act
- Government Proceedings Act
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