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ELCDismissedEldoret High Court Civil Suit (number not stated in judgment)· [2016] KEELC 189 (KLR)

Jemeli Chepkisa v James R. Rono & another [2016] KEELC 189 (KLR)

High Court of Kenya
4 November 2016
AOAntony Ombwayo
3,603 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Once a Kenyan court adopts a Land Disputes Tribunal award as its judgment, you cannot challenge it by filing a new lawsuit—only by appeal or judicial review.

What this practically means

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Executive summary

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The plaintiff sued by plaint, alleging that in 1968 she and her co-wife Jebet Cheruiyot jointly bought Title No. NANDI/KAPTEL/263 through Michael Cheruiyot as trustee. She claimed the Kilibwoni/Kapsabet Land Disputes Tribunal, in 1998, lacked jurisdiction to award 3 acres of that land to Kiprono Boit (father of the 1st defendant), the registered owner being deceased, and that the award, adopted as judgment of the Kapsabet Principal Magistrate's Court in Succession Cause No. 75 of 1993, was a nullity. She sought stay of execution, permanent and mandatory injunctions, and cancellation of register entries. The 1st defendant defended the validity of the decree and objected to the court's jurisdiction, arguing the claim concerned a deceased person's estate. The plaintiff testified with two witnesses; the defendant called no evidence, parties relying on written submissions. The court identified the main issue as whether the plaintiff had approached the court properly, there being an existing judgment and registered decree. It held that once a tribunal award is adopted as a court judgment, it becomes a court decision enforceable by decree, challengeable only by appeal or judicial review; a fresh suit by plaint to declare the decision a nullity is unknown in law. Distinguishing the authorities cited by the plaintiff, which involved judicial review or appeals, the court dismissed the suit with costs.

Key legal issues

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01

Proper procedure for challenging an adopted Land Disputes Tribunal award

Holding

A suit by plaint seeking a declaration of nullity is not a recognized procedure

Reasoning

Once the magistrate's court adopts a tribunal award as its judgment, it becomes a court decision from which a decree issues. Dissatisfied parties could appeal to the Appeals Committee, then to the High Court, or seek judicial review. The judgment found no legal provision permitting a fresh formal suit to challenge the tribunal decision, distinguishing this case from authorities where awards were challenged by judicial review or appeal.

p. 5

Legal principles established

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  • Once a tribunal award is adopted as judgment of the court, it becomes a court decision enforceable by decree, challengeable only by appeal or judicial review, not by a fresh suit

Court orders

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  1. 1.The suit is dismissed with costs to the 1st defendant

Authorities

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Legislation

  • Registered Land ActCap. 300
  • Land Disputes Tribunals Act (repealed)Section 3

Cases cited (6)

  • Republic -versus-The Chairman, Kapsabet Land Dispute Tribunal and Others
  • Mary Wairimu Muraya versus Ngari Muraya
  • Dominica Wanyu Kilu and Johana Ndira Wakaritu
  • Republic -VS-Uasin Gishu Land Dispute Tribunal
  • EMILY JEPKEMEI NGEYONI & another v NICHOLAS KIPCHUMBA KOGO & another
    [2006] eKLR
  • Civil Appeal No. 184 of 2011
Jurisdiction invoked
Original jurisdiction of the High Court by plaint (unlimited original jurisdiction); no specific provision invoked in the judgment

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, "Jemeli Chepkisa v James R. Rono & another [2016] KEELC 189 (KLR)", Case Analysis (2016). Eldoret High Court Civil Suit (number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2016/189/eng@2016-11-04

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