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ELCAllowedCivil Appeal No. 16 of 2007· [2014] KEELC 320 (KLR)

Emmanuel Jacob Pkerio v Mengich Tuliamuk & another [2014] KEELC 320 (KLR)

High Court of Kenya
1 July 2014
JKJ.R. Karanja
903 words in judgment
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The bottom line

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Kenya's High Court ruled that land adjudication appeal committees cannot cancel or rectify registered title deeds—orders beyond their powers are void.

What this practically means

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Executive summary

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This was a first-instance appeal to the High Court at Kitale from the award of the Rift Valley Provincial Appeals Committee in Land Adjudication Case No. 72 of 2006, which award had been read and adopted as a judgment of the Magistrate's court on 23rd July 2007 in Kitale Land Case No. 86 of 2006. The committee had determined that the boundary shown by the demarcation committee in 1965 be followed and ordered that the title issued be reviewed and its genuineness determined by the Land Registrar West Pokot. The appellant, having abandoned grounds one to four, relied on ground five: that the committee erred in ordering rectification and/or cancellation of a first registration when it had no jurisdiction to do so. The respondents did not address the jurisdictional issue, instead contending that the appeal was filed out of time and without leave. The court held the appeal competent, as it was filed within sixty days of the adoption of the decision as a judgment, and any delay would be a curable procedural defect under Article 159(2)(d) of the Constitution of Kenya, 2010. On jurisdiction, the court found that the boundary dispute was properly within the committee's remit, but the order directing review of the title deed and determination of its genuineness amounted to rectification and/or cancellation of a first registration conferring absolute ownership, made in excess of jurisdiction and therefore null and void ab initio, rendering the entire decision a nullity. The appeal was allowed to that extent, the award was declared null and void and set aside, and the appellant was awarded the costs of the appeal.

Key legal issues

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01

Competence of the appeal filed on 20th August 2007

Holding

The appeal was competent because it was filed within sixty days of 23rd July 2007 when the committee's decision was adopted as a judgment of the court.

Reasoning

The committee's decision was rendered on 19th June 2007 and adopted as a judgment of the court on 23rd July 2007, from which date the sixty-day period of appeal ran. The appeal filed on 20th August 2007 fell within that period. Even if it had been belated by three or more days, the defect would be procedural and curable by leave or under Article 159(2)(d) of the Constitution of Kenya, 2010.

p. 2
02

Jurisdiction of the appeals committee over rectification/cancellation of a first registration title

Holding

The committee exceeded its jurisdiction when it ordered review of the appellant's title deed and determination of its genuineness by the Land Registrar; that part of the award was null and void ab initio.

Reasoning

The dispute before the tribunal and appeals committee was a boundary dispute, which fell within their jurisdiction. The committee correctly affirmed the 1965 demarcation boundary. However, it went further to order that the title deed issued to the appellant be reviewed and its genuineness determined by the District Land Registrar West Pokot, amounting to rectification and/or cancellation of a first registration conferring absolute ownership, which was beyond its powers and rendered the entire decision a nullity.

p. 2

Legal principles established

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  • An appeals committee in land adjudication has no jurisdiction to order rectification or cancellation of a first registration title; an order made in excess of jurisdiction is null and void ab initio and renders the entire decision a nullity.

Court orders

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  1. 1.The appeal is allowed to the extent that the award of the appeal committee is declared null and void for want of jurisdiction
  2. 2.The award of the appeal committee is set aside
  3. 3.The appellant shall have the costs of the appeal

Authorities

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Legislation

  • Constitution of Kenya, 2010Article 159(2)(d)
On appeal from
Rift Valley Provincial Appeals Committee (Land Adjudication), adopted in Kitale Land Case No. 86 of 2006 (Magistrate's Court)
Land Adjudication Case No. 72 of 2006
Jurisdiction invoked
Statutory right of appeal to the High Court from a Provincial Appeals Committee decision in land adjudication, exercisable within sixty days of adoption of the award as a judgment of the court

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Emmanuel Jacob Pkerio v Mengich Tuliamuk & another [2014] KEELC 320 (KLR)", Case Analysis (2014). Civil Appeal No. 16 of 2007. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2014/320/eng@2014-07-01

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