Muriuki Mburu v Mwnahawa Juma Kizianda & 5 others [2017] KEELC 2611 (KLR)
The bottom line
#Kenya's Environment and Land Court confirmed that Land Disputes Tribunals cannot decide who owns registered land, cancelling rival titles and restoring the buyer's ownership.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the Land Disputes Tribunal over title to land
The Tribunal had no jurisdiction to hear a dispute over title to registered land; its award and the Magistrate's Court's adoption of it were null and void ab initio
Section 3 of the Land Disputes Tribunal Act (repealed) did not confer authority to handle issues of title to land. The court agreed with the Court of Appeal decisions in Amunavi and Lelei that a first-registration title could only be cancelled through a suit in the High Court under section 143 of the Registered Land Act, replicated in section 80 of the Land Registration Act, 2012. The Tribunal therefore acted without jurisdiction, rendering the award a nullity.
Rectification of the register and protection of first-registration title
The register may be rectified where a registration was obtained by fraud or mistake, but the 1st-4th defendants adduced no evidence that the plaintiff was party to any fraud or omission
Under section 80 of the Land Registration Act, 2012 the court may order rectification where a registration was obtained, made or omitted by fraud or mistake. The defendants produced no evidence that the plaintiff knew the suit land belonged to the Wavirizi clan. The plaintiff's first-registration title was therefore protected, and the subsequent registration of the defendants was irregular and invalid.
Validity of the 5th defendant's title as a purchaser
The 1st-4th defendants had no valid title to pass to the 5th defendant, whether by sale or otherwise
Since the 1st-4th defendants' registration as proprietors was founded on a void tribunal award and vesting order, their registration was irregular and invalid. They consequently had no valid title to transfer to the 5th defendant, who claimed to have purchased the property after a search in 2000. The 5th defendant's title therefore fell with theirs.
Undefended suit and proof of the claim
Although the suit was undefended, the court was satisfied the plaintiff had made out a good case and was entitled to the orders as prayed
The defences were struck out for non-compliance with Order 11 directions and the suit proceeded as undefended. Even in an undefended suit, the plaintiff must establish his case on evidence. The plaintiff testified, adopted his witness statement, and produced the sale agreement, correspondence, title deed and official search, satisfying the court that the claim was made out.
Legal principles established
#- A Land Disputes Tribunal has no jurisdiction to hear and determine disputes over title to registered land; a first-registration title can only be cancelled through a suit in the High Court
- A tribunal award made without jurisdiction and adopted by a magistrate's court is null and void ab initio, and registrations founded on it are irregular and invalid
- A proprietor without valid title cannot pass good title to a purchaser
Court orders
#- 1.Injunction restraining the 5th defendant, his agents, assigns and any person under his authority from selling, disposing, developing, alienating, leasing, charging or dealing with KWALE/KIDIANI/313
- 2.Declaration that the proceedings of the Land Dispute Tribunal and the Chief Magistrate's Court, the decision arrived at and the Vesting Order issued therein are invalid, illegal, unlawful, null and void, and that the plaintiff's title under the Registered Land Act Cap. 300 over KWALE/KIDIANI/313 is valid and absolute
- 3.Rectification of the register by the District Land Registrar, Kwale by cancellation of all entries relating to the registration of the 1st-4th defendants as proprietors, the transfer to the 5th defendant, and cancellation of the title issued to the 5th defendant over KWALE/KIDIANI/313
- 4.Demolition of structures and/or developments and removal of debris from the suit land
- 5.Costs of the suit awarded to the plaintiff
- Jurisdiction invoked
- Original civil jurisdiction of the Environment and Land Court over title to land (Land Registration Act, 2012; Registered Land Act Cap. 300 (repealed))
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Muriuki Mburu v Mwnahawa Juma Kizianda & 5 others [2017] KEELC 2611 (KLR)", Case Analysis (2017). ELC Civil Suit No. 309 of 2008. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/2611/eng@2017-06-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.