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ELCPartially AllowedKirinyaga Central Appeal (from Provincial Appeals Committee (Central) claim No. Kirinyaga Central 5 of 2010)· [2018] KEELC 847 (KLR)

Difatha Kiama Ciugi v Winfred Kaara Ngige & 3 others [2018] KEELC 847 (KLR)

High Court of Kenya
24 September 2018
LWL N Waithaka
1,507 words in judgment
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The bottom line

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Kenya's High Court ruled that Land Disputes Tribunals cannot order subdivision or transfer of registered land—only a proper court can settle who owns it.

What this practically means

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Executive summary

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This was an appeal to the High Court at Nyeri (L N Waithaka, J) against the award of the Provincial Appeals Committee (Central) made on 13th July 2011 in claim No. Kirinyaga Central 5 of 2010, which upheld a District Tribunal award directing that the registered parcel Mutira/Kaguyu/136 (4.6 acres), registered in the appellant's name, be subdivided into two equal portions - one for the appellant and her daughters and one for the respondent (widow of the appellant's late son) and her four sons - with consequential orders for execution of transfer documents, dispensation with the title deed, security, and removal of cautions. The appeal was disposed of by written submissions. The court found that although the Tribunal had jurisdiction under Sections 2 and 3 of the Land Disputes Tribunals Act No. 18 of 1990 to entertain the respondent's claim to occupy and work the land despite its registration, the Tribunal exceeded its mandate by ordering sub-division and transfer, which touched on title to registered land, applying Republic v. Chairman, Lurambi Land Dispute Tribunal and Mateo Githua Ngurukie. The appeal succeeded only to the extent that the sub-division, transfer and consequential orders were set aside. As a family dispute, each party was to bear their own costs, and the parties were advised to pursue their substantive rights in a court with jurisdiction.

Key legal issues

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01

Whether the District Tribunal and Appeals Committee had jurisdiction to order sub-division and transfer of registered land

Holding

The Tribunal had jurisdiction to determine the respondent's claim to occupy and work the land but exceeded its mandate by ordering sub-division and transfer of the registered land.

Reasoning

Under Section 2 as read with Section 3 of the Land Disputes Tribunals Act, the Tribunal could entertain civil claims to occupy or work land notwithstanding registration under the Registered Land Act. However, ordering sub-division into two equal portions and transfer of the subdivisions touched on title to registered land, which the tribunals had no power to determine, following the Lurambi and Ngurukie decisions. The award to that extent was ultra vires and had to be set aside, though the parties' substantive rights remain undetermined.

p. 3

Legal principles established

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  • Land Disputes Tribunals have jurisdiction over claims of a civil nature relating to a claim to occupy or work land even where the land is registered, but lack jurisdiction to determine issues affecting title to registered land or to order sub-division and transfer.

Court orders

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  1. 1.The order for sub-division of the suit property into two equal parts and for transfer of the sub-divisions to the respondent and the appellant or their beneficiaries as listed in the award is set aside
  2. 2.The consequential orders (executive officer signing documents, dispensing with original title, provision of security, removal of caution/restriction) are set aside
  3. 3.Each party to bear their own costs of the appeal and the proceedings before the District Tribunal
  4. 4.Parties advised to take their dispute to a court with jurisdiction to determine their substantive rights to the suit property

Authorities

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Legislation

  • Registered Land ActSections 27 and 28; Cap 300
  • Constitution of KenyaArticle 27
  • Land Disputes Tribunals ActSections 2 and 3; No. 18 of 1990
  • Kenya Gazette Supplement Acts 1991 dated 18th January, 1991 No. 3(b)

Cases cited (2)

  • Republic v. Chairman, Lurambi Land Dispute Tribunal & 2 others
    (2006) eKLR
  • Mateo Githua Ngurukie vs. Hon. Attorney General and 5 Others
    Nyeri High Court Civil Suit No. 206 of 1999
On appeal from
Provincial Appeals Committee (Central)
Kirinyaga Central 5 of 2010
Jurisdiction invoked
Appeal from the Provincial Appeals Committee under the Land Disputes Tribunals framework

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, "Difatha Kiama Ciugi v Winfred Kaara Ngige & 3 others [2018] KEELC 847 (KLR)", Case Analysis (2018). Kirinyaga Central Appeal (from Provincial Appeals Committee (Central) claim No. Kirinyaga Central 5 of 2010). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/847/eng@2018-09-24

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