Nzau v Kemei & 2 others (Environment & Land Case 70 of 2023) [2025] KEELC 526 (KLR) (12 February 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 526
- Citation
- [2025] KEELC 526 (KLR)
- Decided
- 12 February 2025
Summary at a glance
TypeBoundary DisputePostureApplication for Injunction Struck OutCoramNYUKURI
The court has no jurisdiction to hear and determine the boundary dispute and strikes out the application with costs to the respondents.
Facts
Teresia Wayua Nzau is the registered proprietor of the parcel of land known as Donyo Sabuk/Komarock Block 1/26456. The 1st defendant, Loice Jepchumba Kemei, owns the neighbouring parcel numbers Donyosabuk/Komarock Block 1/80717 and 80718. There is a common boundary between the two parcels.
Issues
- Whether the applicant has met the threshold for grant of orders of injunction.
- Whether orders sought against the land Registrar and the land surveyor should issue.
Reasoning
The court held that it lacks jurisdiction to hear the boundary dispute as it is a matter to be determined by the Land Registrar under the Land Registration Act, and the court must first satisfy itself that it has jurisdiction to determine the dispute.
Outcome
Application Struck Out
Authorities cited
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