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ELCPartially AllowedELC Appeal Case No. 5 of 2015· [2018] KEELC 2449 (KLR)

Agness Shiyenzi Shikondi & another v Timothy S.L. Mulamula [2018] KEELC 2449 (KLR)

Environment and Land Court
12 July 2018
NMN.A. Matheka
1,163 words in judgment
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The bottom line

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A Kenyan court quashed Land Disputes Tribunal rulings because those tribunals had no power to decide who owns registered land.

What this practically means

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Executive summary

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The appellants, dissatisfied with the verdict of the Western Provincial Land Disputes Appeals Tribunal dated 8 October 2008, appealed to the Environment and Land Court at Kakamega on three grounds: that both the Shinyalu Land Disputes Tribunal and the Provincial Appeals Tribunal lacked jurisdiction; that the tribunals failed to analyse the evidence properly; and that the proceedings were flawed and denied the parties a fair hearing. They sought quashing of both tribunals' findings with costs. The respondent was served but did not attend or file papers, so the appeal proceeded unopposed. 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 Applying section 3(1) of the Land Disputes Tribunal Act (now repealed), which confined tribunals to boundary disputes, claims to occupy or work land, and trespass, the court held that the dispute before the tribunals was essentially a claim to ownership of registered land forming part of a deceased person's estate - a matter for a succession court. Following M'Marete v Republic and applying Odunga J's reasoning in Masagu Ole Naumo, the court found the tribunals acted in excess of jurisdiction, particularly the Committee's order transferring the suit parcels to the objectors. Because the tribunals never had jurisdiction, the court found it unnecessary to address the fairness of the proceedings or the merits. The appeal was allowed and both decisions quashed, with no orders as to costs.

Key legal issues

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01

Jurisdiction of Land Disputes Tribunals over claims to ownership/title of registered land

Holding

The tribunals acted without jurisdiction as the dispute was essentially a claim to ownership over land, a matter outside section 3(1) of the Land Disputes Tribunal Act

Reasoning

Section 3(1) of the Land Disputes Tribunal Act confined tribunals to disputes over boundaries, claims to occupy or work land, and trespass. The dispute here concerned ownership of land forming part of a deceased's estate, which should have been handled by a succession court. The tribunal meandered beyond its boundaries, and its orders directing transfer and registration of the suit parcels to the objectors were ultra vires. Having found no jurisdiction, the court declined to examine the fairness or merits of the tribunal proceedings.

p. 2

Legal principles established

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  • Land Disputes Tribunals had jurisdiction only over the matters enumerated in section 3(1) of the Land Disputes Tribunal Act and could not determine claims to title or ownership of registered land

Court orders

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  1. 1.Appeal allowed
  2. 2.Decision/verdict of the Shinyalu Land Disputes Tribunal quashed
  3. 3.Decision/verdict of the Western Provincial Land Disputes Appeals Committee quashed
  4. 4.No orders as to costs

Authorities

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Legislation

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

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
Western Provincial Land Disputes Appeals Tribunal (upholding Shinyalu Land Disputes Tribunal)
Jurisdiction invoked
Appeal under the Land Disputes Tribunal Act (now repealed); leave to appeal out of time granted in Kakamega High Court Misc. Civil Application No. 10 of 2009

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, "Agness Shiyenzi Shikondi & another v Timothy S.L. Mulamula [2018] KEELC 2449 (KLR)", Case Analysis (2018). ELC Appeal Case No. 5 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/2449/eng@2018-07-12

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