Nelly Atieno Oluoch v Damaris A Nyawalo & 2 others [2021] KEELC 2157 (KLR)
- Court
- Environment & Land Court
- Case number
- 2157
- Citation
- [2021] KEELC 2157 (KLR)
- Decided
- 30 July 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeBoundary DisputePosturePreliminary Objection to Suit
Holding
The Court finds that the suit does not offend section 18(2) of the Land Registration Act and that the Court has jurisdiction to hear the boundary dispute.
Facts
The Plaintiff filed a suit against the 1st and 2nd Defendants, seeking an order compelling the 3rd Defendant to properly identify the property known as Kisumu/Kogony/2955 as per the sale of land agreement.
Issues
- Whether the suit offends section 18(2) of the Land Registration Act
- Whether the Court has jurisdiction to hear the boundary dispute
Reasoning
The Court held that the suit is not a boundary dispute as per section 18(2) of the Land Registration Act, and that the Court's jurisdiction is not limited by the Land Registrar's determination.
Outcome
The suit is not struck out.
Authorities cited
Legislation (2)
- Land Registration Act, 2012
- Environment and Land Court Act
Cases cited (2)
- Hon. Henry Kosgey v Brian Cuthbert & Another (2019) eKLR
- Willis Ocholla v Mary Ndege (2016) eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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