IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: HANCOX JA, CHESONI and PLATT Ag JJA)
CIVIL APPEAL NO. 10 OF 1983
MWANGI MURAGURI....................................... APPELLANT
VERSUS
KAMARA RUKENYA.................................... RESPONDENT
JUDGMENT
The issue for the magistrate to determine in this case was whether the appellant had encroached over the red boundary, as indicated on the plan exhibited before him, which was that determined by the Land Registrar after his visit to the area on May 30, 1977 and as confirmed in his letter to
the parties dated July 12, 1977. In doing so he acted under section 21(2) of the Registered Land Act, cap 300. It was only if that process had not taken place that the trial court would have been precluded from entertaining the action by virtue of subsection (4) of that section. Otherwise it had jurisdiction to hear and determine the case under section 159 of the Act, as the section was at that time.
The magistrate did not, however, have jurisdiction to change th…