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Court of AppealDismissedCivil Application 124 of 2005 (UR. 70/2005)· [2005] KECA 354 (KLR)

Julius Kerika Leperes & 19 Others v Nkama Group Ranch & 2 Others

Court of Appeal of Kenya

10 June 2005

ROR. S. C. Omolo PWP. N. Waki WDW. S. Deverell

1,205 words in judgment

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The bottom line

The Court of Appeal dismissed twenty claimants' bid to stop Nkama Group Ranch land sub-division, ruling group ranch membership disputes belong to group representatives and the Magistrate's court, not the High Court.

What this practically means

Executive summary

Twenty applicants, claiming to be entitled to registration as members of Nkama Group Ranch, sought an injunction under Rule 5(2)(b) of the Court of Appeal Rules to restrain the sub-division of the ranch's land and issuance of individual titles pending an intended appeal against a ruling of Ransely, J. in H.C.C.C. No. 8 of 2004, in which the High Court had refused both an injunction and orders compelling their registration as members. The Court of Appeal (Omolo, Waki and Deverell, JJ.A) dismissed the application. Applying section 28 of the Land (Group Representatives) Act, the Court held that jurisdiction over group ranch membership lies first with a majority of the group representatives, who must sign a certificate, and thereafter conclusively with the District Magistrate's court, with no right of appeal to the High Court. Since the High Court's refusal was founded on that section, the Court could discern no arguable point on the intended appeal. The applicants' contention that the representatives had not issued the certificate failed because there was no evidence they had applied for one and been refused; the Court observed that good practice requires prompt issuance upon a dispute, failing which the aggrieved party may seek High Court orders compelling issuance. Having found the appeal not arguable, the Court did not address nugatory prejudice or the validity of the second applicant's affidavit, leaving the latter for another occasion. The motion was dismissed with costs to the respondents. This ruling binds subordinate courts and the High Court on the section 28 scheme of group ranch membership determination.

Key legal issues

Arguability of intended appeal under Rule 5(2)(b)

Holding

The appeal was not arguable because the High Court's refusal rested squarely on section 28 of the Land (Group Representatives) Act, which ousts High Court jurisdiction over membership disputes

Reasoning

Section 28 vests initial jurisdiction in the group representatives via a certificate, then conclusively in the District Magistrate's court, with no appeal to the High Court. The High Court declined the injunction on the basis of section 28, and the Court of Appeal could see no arguable point arising from that conclusion. The applicants had also not shown they applied for and were refused a certificate.

p. 3

Procedure where group representatives fail to issue a section 28 certificate

Holding

The aggrieved party should apply for the certificate and, if there is no response, seek High Court orders compelling its issuance

Reasoning

The Act is silent on whether the certificate issues on demand or upon a dispute arising. The Court expressed that good practice is for representatives to issue the certificate as soon as a membership dispute arises, but if they fail, the aggrieved party may apply for one and take steps in the High Court to compel issuance.

p. 3

Legal principles established

Jurisdiction to determine membership of a group ranch lies first with a majority of the group representatives by certificate, and on grievance, with the District Magistrate's court, whose determination is conclusive with no appeal to the High Court

Court orders

1.The applicants' notice of motion dated 10th May 2005 is dismissed with costs to the respondents

Authorities

Legislation

Land (Group Representatives) ActSection 28
Court of Appeal RulesRule 5(2)(b)

On appeal from: High Court of Kenya, Nairobi; H.C.C.C. No. 8 of 2004
Jurisdiction invoked: Rule 5(2)(b) of the Court of Appeal Rules (application for injunction pending appeal)

Key timeline

Practical implications

Frequently asked questions

Cite this brief

Caselaw, "Julius Kerika Leperes & 19 Others v Nkama Group Ranch & 2 Others", Case Analysis (2005). Civil Application 124 of 2005 (UR. 70/2005). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2005/354/eng@2005-06-10

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.