MENKAR LIMITED V. RATILAL GHELA SAMAT SHAH,DI NUMATI GHELA & BHIKHU RATILAL GHELA SHAH

JUDGEMENT OF THE COURT

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