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ELCPartially AllowedELC Appeal No. 74 of 2017· [2018] KEELC 2137 (KLR)

David Fari Ichechi v Jones Indoshi Ichechi [2018] KEELC 2137 (KLR)

Environment and Land Court
26 July 2018
NMN.A. Matheka
848 words in judgment
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The bottom line

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Kenya's Environment and Land Court ruled that Land Disputes Tribunals could not decide who owns registered land, and quashed a tribunal's title-cancellation order.

What this practically means

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Executive summary

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The appellant appealed against the decision of the Lugari Land Disputes Tribunal, adopted by the Honourable Court on 18th November 2010, on five grounds, principally that the Tribunal lacked jurisdiction over the dispute and that it had no authority to order subdivision of his registered parcel KAKAMEGA/MOI'S BRIDGE BLOCK 1/NZOIA SISAL/2866 and allocate part to the respondent. He sought setting aside of the Tribunal's decision and costs. The respondent was served but filed no papers in opposition. The court identified jurisdiction as the preliminary issue, applying section 3(1) of the Land Disputes Tribunal Act (now repealed), which confined tribunals to boundary disputes, claims to occupy or work land, and trespass. Relying on M'Marete v Republic & 3 others, the court held the dispute was essentially a claim to ownership, since the Tribunal ordered cancellation of the appellant's title and issuance of a new title to the objector, a matter beyond Tribunal jurisdiction, consistent with Masagu Ole Naumo on determinations of title to land. The court found the proceedings violated the Act and declined to consider the merits for want of jurisdiction. The appeal was allowed; the Tribunal's decision as adopted was quashed, with no orders as to costs.

Key legal issues

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01

Whether the dispute fell within the jurisdiction of the Land Disputes Tribunal

Holding

The Tribunal acted without jurisdiction because the dispute was a claim to ownership of registered land, not a boundary, occupancy or trespass dispute.

Reasoning

Section 3(1) of the Land Disputes Tribunal Act confined tribunals to civil disputes over division or determination of boundaries, claims to occupy or work land, and trespass. The Lugari Tribunal ordered revocation of title No. KAKAMEGA/MOI'S BRIDGE BLOCK 1/NZOIA SISAL/2866 and reallocation of acreage, which is a determination of title to registered land. Following M'Marete v Republic & 3 others and Masagu Ole Naumo, the Tribunal meandered beyond its jurisdiction, so its proceedings and decision fell outside the Act and were quashed without considering the merits.

p. 1

Legal principles established

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  • Land Disputes Tribunals under the repealed Land Disputes Tribunal Act had no jurisdiction to determine claims to ownership or title to registered land; their jurisdiction was confined to boundary disputes, claims to occupy or work land, and trespass.

Court orders

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  1. 1.The appeal is allowed
  2. 2.The decision/verdict of the Lugari Land Disputes Tribunal as adopted by the Honourable Court is quashed
  3. 3.No orders as to costs

Authorities

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Legislation

  • Land Disputes Tribunal Act (No. 18 of 1990, now repealed)Section 3(1)

Cases cited (2)

  • M'Marete v Republic & 3 others
    Civil Appeal 259 of 2000 [2004] eKLR
  • Masagu Ole Naumo v Principal Magistrate Kajiado Law Courts & Another
    JR 370 of 2013 [2014] eKLR
On appeal from
Lugari Land Disputes Tribunal (adopted by the Magistrate's Court)
null
Jurisdiction invoked
Appeal against the decision of the Lugari Land Disputes Tribunal adopted in court on 18th November 2010, under the Land Disputes Tribunal Act (now repealed)

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, "David Fari Ichechi v Jones Indoshi Ichechi [2018] KEELC 2137 (KLR)", Case Analysis (2018). ELC Appeal No. 74 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/2137/eng@2018-07-26

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