Justine Kazungu Baya (suing on his own behalf and on behalf of the Estate of Baya Mwanyule Jefa alias Baya Yaa v Albert Kalama Nzaro & 2 others [2016] KEELC 1148 (KLR)
The bottom line
#A Kenyan landowner who won a Tribunal decision decades ago can still protect the land today, as the Malindi court blocked the rival title holder from selling.
What this practically means
#Executive summary
#Key legal issues
#Whether the court has jurisdiction notwithstanding prior Tribunal proceedings
The court has jurisdiction because the circumstances under which the title deed was issued can only be dealt with by this court
Although the dispute had gone through the Land Dispute Tribunal and the Provincial Land Appeals Committee, the Registrar nonetheless issued a title deed to the 1st Defendant in 2013. The court reasoned that the circumstances surrounding that issuance are matters for the ELC, giving it jurisdiction over the issues raised in the Plaint.
Whether the Plaint discloses a reasonable cause of action
The Plaint raises triable issues and cannot be struck out
The record showed the 1st Defendant lost before the Land Dispute Tribunal and lost the appeal before the Provincial Land Appeals Committee, yet a title deed was still issued to him in 2013. On those documents and affidavits, the issues raised are substantial and fit for trial, defeating the striking-out application.
Whether an interlocutory injunction should issue
The Plaintiff established a prima facie case with chances of success
The Plaintiff's father was awarded the suit property by the Land Disputes Tribunal and the award was confirmed by the Appeals Committee, yet a title was later issued to the 1st Defendant. On that basis the Plaintiff met the prima facie case threshold, justifying an injunction pending the hearing of the suit.
Legal principles established
#- A plaint that raises triable issues cannot be struck out as frivolous or vexatious
- A party who obtained land through a Tribunal award confirmed on appeal has a prima facie case for interlocutory injunctive relief
Court orders
#- 1.The 3rd Defendant's Application dated 18th June 2015 is disallowed with costs to the Plaintiff
- 2.The Plaintiff's Application dated 5th November 2014 is allowed with costs, granting an injunction prohibiting the 1st Defendant from selling or dealing with property known as 146/Kilifi/Kadzonzo/Madzimbani pending the hearing of the suit
- Jurisdiction invoked
- Inherent jurisdiction of the Environment and Land Court over disputes concerning title to land; the court held the circumstances in which the title deed was issued can only be dealt with by this court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Justine Kazungu Baya (suing on his own behalf and on behalf of the Estate of Baya Mwanyule Jefa alias Baya Yaa v Albert Kalama Nzaro & 2 others [2016] KEELC 1148 (KLR)", Case Analysis (2016). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2016/1148/eng@2016-02-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.