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ELCDismissedELC Appeal No. 79 of 2017· [2018] KEELC 1292 (KLR)

Joseph Madegwa v Gaylord Avedi [2018] KEELC 1292 (KLR)

Environment and Land Court
9 October 2018
2,060 words in judgment
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The bottom line

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Kenya's Environment and Land Court upheld a magistrate's order to refund Ksh. 300,000 for land, confirming magistrates could hear land disputes before 2015.

What this practically means

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Executive summary

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The appellant, Joseph Madegwa, appealed to the Environment and Land Court at Kakamega against the judgment and decree of Hon. G.A. Mmasi, Ag. Senior Principal Magistrate, delivered on 28 April 2015, in which the respondent was awarded a refund of Ksh. 300,000 being the purchase price of land, with interest at 12%. The appellant's principal ground was that the magistrate's court lacked jurisdiction over disputes involving interests in land under the Constitution of Kenya 2010, together with grounds attacking the magistrate's evaluation of the evidence. The respondent submitted that the magistrate had jurisdiction under Gazette Notice No. 5178 and Section 5 of the Magistrates' Courts Act (Cap 10), the claim being within the magistrate's pecuniary jurisdiction, and that the case was finalized in 2015 before the Malindi decision. The court applied the Court of Appeal decision in Law Society of Kenya Nairobi Branch v Malindi Law Society & 6 others (2017) eKLR, which affirmed that the 2015 statutory amendments conferring land jurisdiction on subordinate courts were void, but held that the suit was filed in May 2014 and decided in April 2015, before the 2015 amendments and the Malindi judgment, so the magistrate had jurisdiction at the material time. On the factual grounds, applying Mwanasokoni v Kenya Bus Service, the court revisited the record, found the trial magistrate had considered both parties' cases, that the appellant never denied receipt of Ksh. 300,000, and that the findings were based on cogent evidence. The appeal was dismissed with costs to the appellant's account.

Key legal issues

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01

Jurisdiction of the magistrate's court over the land dispute

Holding

The Senior Principal Magistrate had jurisdiction, as the case was filed in May 2014 and decided on 28 April 2015, before the Statute Law (Miscellaneous Amendments) Act, 2015 and the Malindi judgment; the Ksh. 300,000 claim was within the magistrate's pecuniary jurisdiction

Reasoning

The court relied on the Law Society of Kenya v Malindi Law Society decision (Court of Appeal, 19 October 2017), which confirmed the High Court's judgment of 11 November 2016 declaring the 2015 amendments conferring jurisdiction on subordinate courts void, but noted that the suit was filed in May 2014 and finalized in April 2015, before those amendments. The Gazette Notice No. 5178 practice directions and Section 5 of the Magistrates' Courts Act (Cap 10) allowed the magistrate to hear the claim within pecuniary limits.

p. 3
02

Whether the trial magistrate erred in evaluating the evidence and granting the refund claim

Holding

The trial magistrate did not err; he considered all parties' sentiments, found the interest rate at 12% rather than 21%, and the appellant did not deny receipt of Ksh. 300,000; the appellate court declined to interfere with the findings

Reasoning

Applying Mwanasokoni v Kenya Bus Service, the court revisited the record of appeal, found the decision was judiciously arrived at on cogent evidence, and that an appellate court does not disturb findings of fact absent absence of evidence, misapprehension, or wrong principles. The defendant had not denied receipt of the Ksh. 300,000, and the plaint complied with Order 4 Rule 1 of the Civil Procedure Rules.

p. 3

Legal principles established

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  • Article 162(2) does not confer exclusive jurisdiction on the specialized courts, but the High Court has no jurisdiction over matters within the jurisdiction of specialized courts, and Parliament may confer jurisdiction over land matters on magistrates' courts by legislation
  • An appellate court will not ordinarily interfere with the findings of fact of the trial court unless they were based on no evidence, on a misapprehension of it, or on wrong principles

Court orders

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  1. 1.The appeal is dismissed for lack of merit
  2. 2.The appellant to meet the costs of the appeal

Authorities

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Legislation

  • Constitution of Kenya, 2010Article 162(2); Article 165(5); Articles 23(2), 169(1)(a) and (2); Article 169(2)
  • Magistrates' Courts Act (Cap 10, Rev. 2012)Section 5
  • The Environment and Land Court Act, Act No. 19 of 2011Section 26 (as amended)
  • The Statute Law (Miscellaneous Amendments) Act, 2015, Act No. 25 of 2015Section 2
  • Land Registration ActSection 101
  • Land ActSection 150
  • Magistrates' Courts Act, Act No. 26 of 2015Section 9
  • Industrial Court Act, 2011 (No. 20 of 2011)Section 29
  • Civil Procedure Rules, 2010Order 4 Rule 1
  • Gazette Notice No. 5178 (practice directions)Clause 8

Cases cited (2)

  • Law Society of Kenya Nairobi Branch v Malindi Law Society & 6 others
    (2017) eKLR
  • Mwanasokoni v Kenya Bus Service
    (1982 - 88) 1 KAR 870
On appeal from
Senior Principal Magistrate's Court at Vihiga
null
Jurisdiction invoked
Article 162(2) and Article 165(5) of the Constitution; Section 26 of the Environment and Land Court Act (as amended by the Statute Law (Miscellaneous Amendments) Act, 2015); Section 9 of the Magistrates' Courts Act, 2015

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (2)

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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, "Joseph Madegwa v Gaylord Avedi [2018] KEELC 1292 (KLR)", Case Analysis (2018). ELC Appeal No. 79 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/1292/eng@2018-10-09

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