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ELCAllowedAppeal from Land Dispute Claim No. 15 of 2009 (Provincial Appeals Committee, Central)· [2017] KEELC 2048 (KLR)

Stanley Munene Wachira v Eliud Gichohi Machere [2017] KEELC 2048 (KLR)

High Court of Kenya
14 July 2017
BOB. N. Olao
958 words in judgment
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The bottom line

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Kenya's High Court confirmed that Land Disputes Tribunals had no power to decide who owns registered land, voiding orders made about ownership.

What this practically means

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Executive summary

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The suit land, parcel No. INOI/KARIKO/2765, was the subject of Central Division Land Disputes Tribunal Case No. TC 13/09/2009 in which the Appellant and his brothers sought revocation of the title issued to the Respondent. The Respondent's case was that he purchased the land for Ksh. 800,000 under a written sale agreement with Land Control Board consent, while the Appellant alleged he was never paid, was deceived, and lacked capacity to contract. The Tribunal's award of 23rd June 2009 found there was 'a clean deal' and directed refund of the purchase price if the Appellant considered the sale invalid. The award was adopted as an order of the Principal Magistrate's Court at Kerugoya in Tribunal Case No. 46 of 2009, and the Appellant's appeal to the Provincial Appeals Committee (Central) was dismissed on 27th October 2010. On further appeal to the High Court at Nyeri, Justice B. N. Olao held that the dispute concerned ownership of registered land, a matter outside the Tribunal's jurisdiction under Section 3(1) of the repealed Land Disputes Tribunal Act, following the Amunavi and Lelei decisions of the Court of Appeal and applying the Lillian S principle that jurisdiction is everything. The appeal was allowed, the Tribunal's orders set aside with costs to the Appellant, and the court observed that the Respondent's registered ownership could only be challenged in a court of competent jurisdiction, subject to the Law of Limitation.

Key legal issues

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01

Jurisdiction of the Land Disputes Tribunal over ownership of registered land

Holding

The Tribunal exceeded its jurisdiction by determining ownership of registered land and making consequential orders

Reasoning

Section 3(1) of the repealed Land Disputes Tribunal Act did not confer jurisdiction over ownership of registered land. The Court of Appeal in the Amunavi case settled that Land Disputes Tribunals have no jurisdiction over such claims, a position followed in the Lelei case and by other superior courts. The Tribunal ought to have declined jurisdiction and referred the parties to a subordinate court or the High Court. Its award making findings on the sale and ordering refund was therefore a nullity.

p. 2

Legal principles established

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  • Land Disputes Tribunals had no jurisdiction to determine disputes concerning ownership of registered land
  • Jurisdiction is everything; without it proceedings cannot continue

Court orders

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  1. 1.Appeal allowed
  2. 2.Orders of the Tribunal adopted by the Magistrate's Court and confirmed by the Appeals Committee set aside
  3. 3.Costs to the Appellant
  4. 4.Observation that the Respondent's ownership of the suit land can only be challenged in a court of competent jurisdiction subject to the Law of Limitation

Authorities

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Legislation

  • Land Disputes Tribunal Act (Repealed)Section 3(1)
  • Land Disputes Tribunal Act (Repealed)Section 4

Cases cited (3)

  • Jonathan Amunavi vs The Chairman Sabatia Land Disputes Tribunal & Another
    C.A Civil Appeal No. 256 of 2002 (Kisumu)
  • Joseph Lelei & Another vs Rift Valley Land Disputes Appeals Committee
    C.A Civil Appeal No. 82 of 2006 Eldoret (2014 eKLR)
  • Owners of Motor Vessel 'Lillian S' vs Caltex Oil Kenya Limited
    1989 K.L.R 1
On appeal from
Provincial Appeals Committee (Central)
Land Dispute Claim No. 15 of 2009
Jurisdiction invoked
Appeal from the Provincial Appeals Committee under the repealed Land Disputes Tribunal Act (Chapter 303A Laws of Kenya)

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, "Stanley Munene Wachira v Eliud Gichohi Machere [2017] KEELC 2048 (KLR)", Case Analysis (2017). Appeal from Land Dispute Claim No. 15 of 2009 (Provincial Appeals Committee, Central). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/2048/eng@2017-07-14

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