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ELCDismissedNanyuki High Court Civil Appeal (from Laikipia Lands Dispute Appeals Tribunal Case No. 89 of 2007)· [2015] KEELC 844 (KLR)

Warema v Nyamu (Environment and Land Appeal 72 of 2014) [2015] KEELC 844 (KLR)

High Court of Kenya at Nyeri
17 June 2015
1,735 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's High Court confirmed that Land Dispute Tribunals cannot decide disputes over registered land, and a Land Registrar's boundary ruling stands unless lawfully overturned.

What this practically means

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Executive summary

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This was an appeal from the award of the Laikipia Lands Dispute Appeals Tribunal (Case No. 89 of 2007, delivered 14th October 2008), which directed the parties to maintain their existing boundaries since demarcation, ordered the District Land Registrar Laikipia to amend the Registry Index Map to conform to the ground boundary, and directed each party to meet its own costs. The appellant, Austine Warema Kihara, argued that the Appeals Tribunal had no power to sit on appeal over a District Tribunal award already adopted as a judgment of the lower court (Nanyuki SPMC award case No. 31 of 2007), nor to order amendment of the R.I.M., and had adjudicated on a matter outside its jurisdiction. The respondent contended the appeal to the Appeals Tribunal was a statutory right, that the boundary had been properly fixed by the Land Registrar under Section 21 of the Registered Land Act, and that the Tribunal had jurisdiction. Waithaka J framed a single issue: whether the District and Appeals Tribunals had jurisdiction over a dispute concerning registered land. Adopting the Mateo Githua Ngurukie decision, the court held that Land Dispute Tribunals lack jurisdiction over registered land where title is in issue. The court further found that the appeal to the Appeals Tribunal, filed on 8th October 2007 after the 3rd October 2007 deadline with no extension provision in the Act, was filed out of time and that the Tribunal therefore lacked jurisdiction to set aside the decree of the lower court. The court directed the parties to abide by the Registrar's boundary determination of 17th October 2007 unless lawfully set aside. The appeal was dismissed with each party bearing their own costs.

Key legal issues

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01

Jurisdiction of Land Dispute Tribunals over registered land

Holding

The Tribunals had no jurisdiction to adjudicate on a boundary/title dispute over registered land; such jurisdiction rests with the Land Registrar under Section 21 of the Registered Land Act and the High Court

Reasoning

The court adopted the reasoning in Mateo Githua Ngurukie v Attorney General that superior courts have repeatedly held that LDTs lack jurisdiction over registered land where title is at stake. Since the subject matter was registered land, both the District Tribunal and the Appeals Tribunal acted incompetently, and any award so made could not ground a res judicata objection.

p. 3
02

Power of the Appeals Tribunal to entertain an appeal out of time after adoption of the award

Holding

The Appeals Tribunal was not properly seized of the appeal; it was filed out of time and the Act makes no provision for extension of time, so it had no jurisdiction to set aside the decree of the lower court

Reasoning

The appeal to the Appeals Tribunal was filed on 8th October 2007, past the 3rd October 2007 deadline. The Land Disputes Tribunals Act contains no extension-of-time provision. Requiring an appeal to be accompanied by a decree adopting the award was a serious misdirection, and the Tribunal consequently had no jurisdiction to overturn the adopted award.

p. 4
03

Effect of the Land Registrar's boundary determination under Section 21 of the Registered Land Act

Holding

The parties must abide by the boundary fixed by the Land Registrar on 17th October 2007 until it is lawfully set aside by a competent court or body

Reasoning

Section 21 of the Registered Land Act empowered the Registrar to determine and indicate disputed boundaries, and barred courts from entertaining boundary disputes over registered land unless the boundaries have first been so determined. As the Registrar fixed the boundary, that determination stands until lawfully set aside.

p. 4

Legal principles established

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  • Land Dispute Tribunals lack jurisdiction over registered land, especially where title to land is in issue
  • Once the statutory time for appealing a District Tribunal award expires and the award is adopted as a judgment of the lower court, the Appeals Tribunal lacks jurisdiction to entertain an appeal against it

Court orders

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  1. 1.The appeal is dismissed
  2. 2.Each party to bear their own costs of the appeal
  3. 3.Parties directed to abide by the Land Registrar's boundary decision of 17th October 2007 until and unless it is lawfully set aside by a court or body with competent jurisdiction

Authorities

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Legislation

  • Registered Land Act, Cap 300 (now repealed)Sections 18, 19, 20, 21
  • Land Disputes Tribunals Act, No. 18 of 1990 (now repealed)

Cases cited (4)

  • Mateo Githua Ngurukie vs. Hon. Attorney General and 5 Others
    Nyeri High Court Civil Suit No. 206 of 1999
  • Wachira Wambugu Case
  • Julius Mburu Mbuthia case
  • Vincent Kipsongok Rotich v. Orphah Jelangat Ngelechei
    (2014) eKLR
On appeal from
Provincial Land Disputes Appeals Tribunal (Laikipia Lands Dispute Appeals Tribunal)
Case No. 89 of 2007
Jurisdiction invoked
Appeal against an award of the Land Disputes Appeals Tribunal under the Land Disputes Tribunals Act, No. 18 of 1990 (now repealed)

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, "Warema v Nyamu (Environment and Land Appeal 72 of 2014) [2015] KEELC 844 (KLR)", Case Analysis (2015). Nanyuki High Court Civil Appeal (from Laikipia Lands Dispute Appeals Tribunal Case No. 89 of 2007). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2015/844/eng@2015-06-17

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