Kiprono Chemchor Kentagor v Boit Thomas Kimutai & 5 others [2021] KEELC 4255 (KLR)

Facts

The plaintiff/applicant seeks a declaration that a map relied on by the defendant to claim the land is not proper and an order directing the County Land Registrar to regularize the maps at the Iten Survey office. There is a boundary dispute between two parcels of land E/ MARAKWET/KATUMOI/364 and E/ MARAKWET/KATUMOI/363.

Issues

1. Whether the court lacks jurisdiction to entertain the application due to the Land Registration Act, 2012
2. Whether the plaintiff's claim for adverse possession is defective as the registered owners are deceased
3. Whether the 1st to 5th defendants lack locus standi to respond to the claim

Reasoning

The court must first determine the boundaries of the registered land, which is the duty of the Land Registrar. The court cannot usurp the Land Registrar's mandate and must defer to their resolution of the boundary dispute.

Outcome

The preliminary objection is upheld, and the application for temporary injunction is dismissed.

Authorities cited