Indata v Makanga (Environment & Land Case E015 of 2024) [2025] KEELC 3828 (KLR)
The bottom line
#Kenyan courts cannot decide land boundary disputes — that is the Land Registrar's job — but courts can order police security so the Registrar can do the survey safely.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction over boundary disputes
The court lacks jurisdiction under section 18 LRA; the dispute belongs to the Land Registrar, but the court can facilitate the Registrar's exercise by ordering security.
The court identified the subject matter as a boundary dispute reserved to the Land Registrar by section 18 of the Land Registration Act. However, the Registrar's report showed the survey could not proceed because of hostility at the site and advice from the area administration that security officers were required. The court therefore granted only the facilitative relief directing the OCS Luanda to provide security, leaving the substantive dispute to the Registrar.
Premature substantive reliefs
The injunction and demolition prayers were premature and misconceived under section 18(2) LRA.
The court held that the injunction and demolition prayers were substantive reliefs that must be pursued in an appropriate forum. Since boundary determination by the Land Registrar has not occurred, any claim of encroachment and entitlement to demolish structures is premature and section 18(2) bars the court from determining the boundary itself.
Respondent's fraud allegation against the applicant's title
Rejected as no suit challenging the title was before the court.
The Respondent alleged the applicant's title was procured by fraud, but no suit challenging the title was pending. Evidence showed the land remained registered in the applicant's name at filing. Without a challenge to title, the objection carried no weight and did not defeat the application for security to enable the survey.
Legal principles established
#- Under section 18 of the Land Registration Act, the court has no jurisdiction to determine boundary disputes; that power lies with the Land Registrar.
- A court may direct police security to enable the Land Registrar to carry out a boundary determination where obstruction prevents the exercise.
Court orders
#- 1.The OCS Luanda police station to provide security to the Land Registrar Vihiga County to survey and determine the common boundary line between parcels of land Nos. W/Bunyore/ebusiekwe/2146 and 2145
- 2.Each party to bear own costs of the application
- Jurisdiction invoked
- Land Registration Act, section 18; inherent jurisdiction to direct security for boundary determination
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Indata v Makanga (Environment & Land Case E015 of 2024) [2025] KEELC 3828 (KLR)", Case Analysis (2025). Application dated 9th January 2025 (Miscellaneous Application). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3828/eng@2025-05-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.