Owuor v Ooko (Environment and Land Appeal 78 of 2021) [2022] KEELC 14452 (KLR) (27 October 2022) (Judgment)

Facts

The appellant, Caren Akinyi Owuor, filed an appeal against the trial court's judgment dismissing her suit. The trial court found the matter to be a boundary dispute and dismissed the suit. The parties entered into a consent order for the Regional Surveyor to determine the common boundary.

Issues

1. Whether the learned magistrate erred in law and fact in finding that the matter was a boundary issue and ought to have been determined by the land registrar.
2. Whether the learned magistrate erred in law and fact in dismissing the appellant's suit on procedural technicalities and disregarding the surveyor's report.

Reasoning

The court held that the matter was not a boundary dispute under section 18 of the Land Registration Act. The surveyor's report indicated that the boundaries of both parcels of land exist, and the trial court's finding that the matter was a boundary dispute was beyond the confines of the parties' pleadings.

Outcome

Appeal dismissed

Authorities cited