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ELCAllowedNot stated in judgment (transfer from Embu High Court Misc. Civil Application No. 48 of 2012)· [2016] KEELC 235 (KLR)

Kagunyu Murigu v Paul Njagi Kagunyu & another [2016] KEELC 235 (KLR)

Environment and Land Court
14 October 2016
BOB.N. Olao
1,383 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court threw out a tribunal's decision sharing out family land because tribunals have no power to decide who owns registered land.

What this practically means

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Executive summary

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This was an appeal by Kagunyu Murigu, acting in person, against the award of the Gichugu Land Disputes Tribunal in Case No. 51 of 2008, which was adopted as a judgment of the Kerugoya Principal Magistrate's Court in L.D.T Case No. 12 of 2009. The Tribunal had ordered that suit land Baragwi/Guama/1293, registered in the appellant's name, be sub-divided and distributed among his children, including the two respondents, each receiving a quarter of an acre, and directed the Executive Officer to sign the necessary documents. The respondents, the appellant's sons, claimed the land was held in trust for the family and that the land allocated to them at Mwea was dry. The appellant never appealed to the Provincial Appeals Committee; instead he obtained leave from Ong'udi J. to appeal out of time, and the appeal was transferred from Embu High Court to the Environment and Land Court. Justice B.N. Olao framed a single issue: whether the Tribunal had jurisdiction. Relying on section 3(1) of the repealed Land Disputes Tribunal Act and Court of Appeal authorities, the court held that a Tribunal could not determine title to or ownership of registered land or order sub-division and issuance of new titles. The award and its adoption were declared nullities and set aside, with each party bearing their own costs given the family relationship.

Key legal issues

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01

Jurisdiction of the Land Disputes Tribunal over title to registered land

Holding

The Tribunal acted without jurisdiction in sub-dividing registered land and directing the Executive Officer to sign documents; the award and its adoption were nullities.

Reasoning

Section 3(1) of the repealed Land Disputes Tribunal Act confined Tribunals to boundary disputes, claims to occupy or work land, and trespass. Determining title to or a trust over registered land, and ordering sub-division with new titles, fell outside that jurisdiction. Relying on Court of Appeal authority, the court held that proceedings exercised without jurisdiction are null and void, and every resulting award or adoption is a nullity.

p. 3

Legal principles established

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  • A Land Disputes Tribunal under the repealed Land Disputes Tribunal Act 1990 could not determine title to or ownership of registered land; proceedings and decisions of a tribunal lacking jurisdiction are nullities.

Court orders

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  1. 1.The award of the Gichugu Land Disputes Tribunal dated 23rd October 2008 is set aside
  2. 2.The adoption of the award as a judgment in Kerugoya Principal Magistrate's Court Case No. L.D.T 12 of 2009 dated 4th August 2009 is set aside
  3. 3.All orders flowing from the award and its adoption are set aside
  4. 4.Each party to meet their own costs

Authorities

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Legislation

  • Land Disputes Tribunal Act (repealed)Section 3(1)
  • Land Disputes Tribunal Act (repealed)Section 8
  • Registered Land Act Cap 300 (repealed)Sections 27, 28, 159
  • Land Control Act Cap 302

Cases cited (3)

  • Joseph Malakwen Lelei & Another v Rift Valley Land Disputes Appeals Committee & Two Others
    C.A Civil Appeal No. 82 of 2006 (Eldoret), 2014 eKLR
  • Jonathan Amunavi v The Chairman Sabatia Land Disputes Tribunal & Another
    C.A Civil Appeal No. 256 of 2002 (Kisumu)
  • Dominic Kihu v Johana Wakaritu
    2012 eKLR (Nyeri)
On appeal from
Gichugu Land Disputes Tribunal (award adopted in Kerugoya Principal Magistrate's Court)
L.D.T Case No. 12 of 2009; Tribunal Case No. 51 of 2008
Jurisdiction invoked
Appeal against a Land Disputes Tribunal award adopted as a judgment of the Principal Magistrate's Court; leave to appeal out of time granted under the repealed Land Disputes Tribunal Act; Registered Land Act s.159 invoked by appellant

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, "Kagunyu Murigu v Paul Njagi Kagunyu & another [2016] KEELC 235 (KLR)", Case Analysis (2016). Not stated in judgment (transfer from Embu High Court Misc. Civil Application No. 48 of 2012). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2016/235/eng@2016-10-14

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