Samuel Kipkurgat Soi v Chairman, Aldai Land Dispute Tribunal, John Kipkoech Soi & Land Registrar, Nandi County (Land Case 412 of 2013) [2016] KEELC 1011 (KLR)
The bottom line
#The High Court declared a Land Dispute Tribunal's award over registered land void, but refused to evict the person occupying it because a declaration alone cannot enforce action.
What this practically means
#Executive summary
#Key legal issues
#Whether the High Court may entertain a suit by way of plaint seeking to declare a Tribunal award adopted by a Magistrate's Court a nullity
The court has jurisdiction to entertain the matter though brought by way of plaint
Relying on Johana Buti v Walter Rasugu Omariba, the court reasoned that declaratory relief is available in private law regardless of whether the interested party had a cause of action, and a declaration is available in private law save in judicial review jurisdiction. The jurisdictional defect went to the root of the Tribunal's competence, so the court could declare it a nullity by plaint rather than judicial review.
Whether the Aldai Land Dispute Tribunal award was a nullity
The award and proceedings were null and void for want of jurisdiction over land ownership and for improper constitution of the tribunal panel
The Tribunal exceeded the jurisdiction conferred by section 3 of the Land Disputes Act, which confined tribunals to boundary disputes, claims to occupy or work land, and trespass - not ownership of registered land. Additionally, the panel comprised the chairman and three members contrary to section 4, which required a chairman plus two or four elders. The court also noted the charge in favour of Standard Bank was not considered.
Whether the court could order removal of the registry entries and eviction
The court had no power to issue the coercive orders sought; prayers (b) and (c) were dismissed
Following Johana Buti, a declaratory judgment has no coercive force. Removing the registered entries and evicting the 2nd defendant would require strict adherence to the procedure in the repealed statute, namely an appeal or an application for judicial review, which the plaintiff did not pursue within the 30 days allowed.
Legal principles established
#- A declaration or declaratory judgment merely declares the legal rights of the parties and has no coercive force; it does not require anyone to do anything
- A Land Disputes Tribunal lacks jurisdiction to determine matters touching on ownership of registered land, and a tribunal so constituted is a nullity
- A tribunal composed of a chairman and three members instead of a chairman and either two or four elders as prescribed by section 4 of the Land Disputes Act renders its decision a nullity
Court orders
#- 1.A declaration that the award and entire proceedings in LDT No. 34 of 1999 in respect of land parcel Nandi/Chepkongony/472 are null and void
- 2.Dismissal of prayer (b) for removal of entries registered against the plaintiff's land, with costs
- 3.Dismissal of prayer (c) for eviction of the 2nd defendant, with costs
- Jurisdiction invoked
- Original civil jurisdiction of the High Court by way of plaint seeking declaratory relief
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Samuel Kipkurgat Soi v Chairman, Aldai Land Dispute Tribunal, John Kipkoech Soi & Land Registrar, Nandi County (Land Case 412 of 2013) [2016] KEELC 1011 (KLR)", Case Analysis (2016). Not stated in judgment (suit filed by plaint at Eldoret). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2016/1011/eng@2016-04-01
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.