Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELCDismissedAppeal No. 15 of 2011 (formerly Nyanza Provincial Land Disputes Appeals Committee Appeal No. 15 of 2011)· [2018] KEELC 1167 (KLR)

George Otieno Ojany v Mathew Owuor Ojany & 6 others [2018] KEELC 1167 (KLR)

Environment and Land Court
24 October 2018
SKS.M. Kibunja
957 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

#

Buyers who got land titles after a tribunal's decision cannot join the appeal over that land and must chase their sellers instead.

What this practically means

#

Executive summary

#
The four applicants sought to be enjoined as Interested Parties in an appeal pending before the Environment and Land Court, and leave to file pleadings in the suit. The appeal arises from Kisumu East District Land Disputes Tribunal Case No. 63 of 2009 over Land Parcel Kisumu/Wathorego/139, in which the tribunal ruled on 9th August 2010 that one-third of the land be retained by Kesia Atieno Osodo and the remaining two-thirds be shared equally between the Appellant and the Respondents. The award was adopted in Kisumu C.M. Land Case No. 1 of 2011. The Appellant's appeal to the Nyanza Provincial Land Disputes Appeals Committee was transferred to the Environment and Land Court following the repeal of the Land Disputes Tribunal Act under Section 31 of the Environment and Land Court Act, per the Chief Justice's directions. The 1st and 2nd Respondents opposed the application; the Appellant did not. The court found that the applicants obtained registration of parcels subdivided from the suit land only after the tribunal decision, so they could not have been parties to that dispute. Since the matter is an appeal rather than an original suit, no fresh pleadings or evidence could be taken, making joinder futile; the applicants were directed to pursue remedies against their transferors. The motion was dismissed with costs to the Respondents.

Key legal issues

#
01

Whether the applicants were bona fide purchasers for value without notice and entitled to join the appeal

Holding

The applicants failed to demonstrate bona fide purchaser status warranting joinder; their registrations post-dated the tribunal decision and they cannot participate in the appeal

Reasoning

The court traced the tribunal proceedings of 2009-2010 and found the applicants obtained registration of subdivided parcels only on 12 November 2010, 21 March 2011 and 20 May 2013, all after the tribunal award of 9 August 2010. They therefore held no legal interest during the tribunal dispute and cannot be parties to the appeal.

p. 2
02

Nature of the proceedings before the court and availability of fresh pleadings

Holding

The matter is an appeal from the tribunal award, not an original suit; no fresh pleadings or evidence can be taken and joinder would be futile

Reasoning

Because the appeal concerns only the tribunal decision and award, the record before the court is fixed: the pleadings and proceedings before the tribunal and the Appeal Committee. Enjoined parties would have no opportunity to file pleadings, and the applicants retain any remedy against their transferors.

p. 2

Legal principles established

#
  • In an appeal from a tribunal award, the pleading consists of the materials filed before the tribunal and the appeal committee, and a party who acquired title after the tribunal decision cannot be enjoined as a party to the appeal

Court orders

#
  1. 1.The notice of motion dated 5th March 2018 by the Interested Parties is dismissed with costs to the Respondents

Authorities

#

Legislation

  • Land Disputes Tribunal ActNo. 18 of 1990 (repealed)
  • Environment and Land Court ActSection 31
On appeal from
Nyanza Provincial Land Disputes Appeals Committee (original dispute: Kisumu East District Land Disputes Tribunal Case No. 63 of 2009; award adopted in Kisumu C.M. Land Case No. 1 of 2011)
Appeal No. 15 of 2011
Jurisdiction invoked
Appeal transferred to the Environment and Land Court following repeal of the Land Disputes Tribunal Act under Section 31 of the Environment and Land Court Act, per directions issued by the Honourable Chief Justice

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "George Otieno Ojany v Mathew Owuor Ojany & 6 others [2018] KEELC 1167 (KLR)", Case Analysis (2018). Appeal No. 15 of 2011 (formerly Nyanza Provincial Land Disputes Appeals Committee Appeal No. 15 of 2011). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/1167/eng@2018-10-24

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