Anthony Kombe Dhuri v Kenneth Joseph Nyule [2014] KEELC 443 (KLR)
The bottom line
#Kenya's Environment and Land Court took over a stalled land appeal from a defunct tribunal and froze all activity on the disputed land until the appeal is decided.
What this practically means
#Executive summary
#Key legal issues
#Transfer of appeals pending before the defunct Provincial Land Appeals Committee
The appeal registered as Land Appeal Case No. 24 of 2009 was properly transferable to the Environment and Land Court following the repeal of the Land Disputes Tribunal Act, Cap 303A.
The Applicant annexed a letter dated 8th April 2009 from the Provincial Land Appeals Committee confirming receipt and registration of his appeal as case number 24 of 2009. The court held that upon repeal of the Land Disputes Tribunal Act, Cap 303A, pending appeals were to be forwarded to the court by operation of law, and the court could do no more than adopt the interim orders previously made by the Committee.
Preservation of the suit property pending determination of the transferred appeal
The interim orders of the defunct Appeals Committee directing maintenance of status quo were adopted, binding both parties against any interference with the disputed land.
The Appeals Committee's letter of 8th April 2009 had already directed the parties to maintain the status quo and not to interfere with the disputed land until the appeal was determined. Since the appeal was transferred to the court by operation of law, the court adopted those interim orders rather than granting the stay and injunction in the specific terms sought by the Applicant.
Legal principles established
#- Upon the repeal of the Land Disputes Tribunal Act, Cap 303A, all pending appeals before the Land Appeals Committees were to be forwarded to the Environment and Land Court for hearing and disposal
- A court to which defunct tribunal appeals are transferred can adopt the interim orders previously made by the tribunal body
Court orders
#- 1.The Land Appeal case number 24 of 2009, Antony Kombe Dhuri-vs-Kenneth Joseph Nyule pending before the defunct Provincial Land Appeals Committee at Mombasa be transferred to this court
- 2.Both parties to maintain status quo and that there should be no interference on the disputed land whatsoever until the appeal is determined by the court
- Jurisdiction invoked
- Repeal of the Land Disputes Tribunal Act, Cap 303A - pending appeals before the defunct Land Appeals Committee transferred to the Environment and Land Court by operation of law
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Anthony Kombe Dhuri v Kenneth Joseph Nyule [2014] KEELC 443 (KLR)", Case Analysis (2014). Miscellaneous Application dated 3rd October 2013 (arising from Land Appeal Case No. 24 of 2009). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2014/443/eng@2014-03-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.