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ELCDismissedNot stated in judgment· [2016] KEELC 1254 (KLR)

Geoffrey Nganga Njuriba v Attorney General & another [2016] KEELC 1254 (KLR)

Environment and Land Court
22 July 2016
MGMARY M. GITUMBI
1,196 words in judgment
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The bottom line

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A Kenyan court ruled that a Land Disputes Tribunal's decision on land ownership was invalid, so it cannot block a fresh ownership case.

What this practically means

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Executive summary

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The 2nd Defendant raised a preliminary objection dated 18th March 2015 arguing that this suit, concerning ownership of land parcel Githunguri/Ikinu/477, was res judicata. It was contended that the dispute had been adjudicated by the Lands Dispute Tribunal at Githunguri, which ruled in the 2nd Defendant's favour, that the award was adopted as an order of the Magistrates Law Court at Githunguri on 28th November 2006, and that the Plaintiff participated in those proceedings and did not appeal. The Plaintiff did not deny the Tribunal proceedings or the adopted award ordering subdivision of the suit property, but asserted he was never served with the Tribunal claim or summoned, and argued in submissions that the Tribunal was not competent to hear and determine ownership of land. The court framed the sole issue as whether the suit was res judicata under Section 7 of the Civil Procedure Act, which requires a former suit between the same parties heard and finally decided by a competent court. Examining section 3(1) of the now repealed Land Disputes Tribunal Act, the court held that tribunals were confined to boundary disputes, claims to occupy or work land, and trespass, and had no mandate over ownership of land. Following Vincent Kipsongok Rotich v Orphah Jelagat Ngelechei (2014) eKLR, the court found the Tribunal's decision was rendered by an incompetent court and was prima facie a nullity, incapable of grounding res judicata. The preliminary objection was dismissed with costs in the cause.

Key legal issues

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01

Whether the suit is barred by res judicata under Section 7 of the Civil Procedure Act

Holding

The preliminary objection fails because the former Tribunal decision was made by a court lacking jurisdiction over ownership of land and is therefore a nullity incapable of supporting a res judicata plea

Reasoning

Section 7 of the Civil Procedure Act requires that the former suit have been heard and finally decided by a court competent to try the subsequent suit. Section 3(1) of the now repealed Land Disputes Tribunal Act restricted tribunals to boundary disputes, claims to occupy or work land, and trespass. Ownership of the suit property fell outside that mandate, so the Tribunal was not a competent court and its adopted award cannot bar the present suit.

p. 3
02

Whether the Land Disputes Tribunal had jurisdiction over the issue of ownership of the suit property

Holding

The Tribunal had no jurisdiction to determine ownership of land; its jurisdiction under section 3(1) of the repealed Land Disputes Tribunal Act was confined to division or determination of boundaries, claims to occupy or work land, and trespass

Reasoning

The court examined section 3(1) of the Land Disputes Tribunal Act and found that ownership of land is not among the categories of disputes allocated to tribunals. The Tribunal nonetheless determined ownership and ordered subdivision, thereby exceeding its mandate, with the result that its decision and subsequent proceedings are prima facie a nullity.

p. 3

Legal principles established

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  • A decision rendered by a court or tribunal without jurisdiction over the subject matter does not operate as res judicata in subsequent proceedings

Court orders

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  1. 1.The Preliminary Obrection raised by the 2nd Defendant is dismissed
  2. 2.Costs in the cause

Authorities

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Legislation

  • Civil Procedure ActSection 7
  • Land Disputes Tribunal Act (now repealed)Section 3(1)

Cases cited (1)

  • Vincent Kipsongok Rotich versus Orphah Jelagat Ngelechei
    (2014) eKLR
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court over land disputes (suit concerning ownership of land parcel Githunguri/Ikinu/477)

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Geoffrey Nganga Njuriba v Attorney General & another [2016] KEELC 1254 (KLR)", Case Analysis (2016). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2016/1254/eng@2016-07-22

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