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Menkar Limited v. Ratilal Ghela Samat Shah,Di Numati Ghela & Bhikhu Ratilal Ghela Shah

(2019) JELR 99150 (CA)

Court of Appeal  •  Civil Appeal 113 of 2018  •  28 May 2019  •  Kenya

Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja



[1] This is an appeal against the ruling and order of the Environment and Land Court (ELC), (L. Komingoi, J.) dated 22nd May, 2018 where the learned Judge dismissed a notice of motion dated 6th July, 2017 filed by Menkar Limited, (appellant) against Ratilal Ghela Samat Shah, Di Numati Ghela Shah and Bhikhu Ratilal Ghela Shah the 1st, 2nd and 3rd respondents respectively. The said motion sought orders to strike out the respondents’ plaint dated 22nd May, 2017 for want of jurisdiction in accordance with the provisions of Section 18(2) of the Land Registration Act. The said Section 18 (2) of the said Act provides that;

“The court shall not entertain any action or other proceedings relating to a dispute as to the boundaries of registered land unless the boundaries have been determined in accordance with this section”.

[2] The fundamental question that arose for determination before the trial court was whether the provisions of section 18(2) of the Land Registration Act…

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