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ELCPartially AllowedJudicial Review (Notice of Motion dated 14th May 2012)· [2018] KEELC 3067 (KLR)

Republic v Provincial Land Appeal Committee – Nyanza & 2 others Exparte Aoko Oyoo (Deceased) [2018] KEELC 3067 (KLR)

Environment and Land Court
30 May 2018
1,838 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
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The bottom line

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A Siaya court quashed a land tribunal's award because tribunals cannot cancel title deeds or divide registered land in Kenya.

What this practically means

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Executive summary

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The Exparte Applicant, as personal representative of the estate of Jane Aoko Oyoo, sought orders of certiorari to quash the Nyanza Land Disputes Appeals Committee decision in Case No. 1 of 2009 (dated 6th October 2010, read in Siaya PMC Land Case No. 3 of 2007 on 20th January 2011) and to have the Siaya Land Disputes Tribunal award in Case No. 8 of 2004 adopted, including cancellation of a title and subdivision of land parcel North Gem/Ndere/349. The Interested Party opposed, contending the tribunal lacked jurisdiction to cancel titles and that the Appeals Committee acted within jurisdiction. The court found that the tribunal's claim was for a portion of registered land, not a boundary dispute, exceeding the jurisdiction conferred by Section 3(1) of the Land Disputes Tribunal Act and offending Section 159 of the Registered Land Act; the award cancelling the title and subdividing the land was ultra vires. The appeal to the Appeals Committee was filed about one year seven months outside the 30 days prescribed by Section 8(1), with no leave to appeal out of time shown and no grounds of appeal, contravening Section 8(3). The court also observed that the application for leave was filed over one year two months after the impugned decision, outside the six months allowed by Order 53 Rule 2. The court quashed both the Appeals Committee decision and the tribunal award by orders of certiorari, refused the adoption of the tribunal award, and ordered each party to bear their own costs throughout, while inviting the parties to consider an out-of-court family settlement.

Key legal issues

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01

Jurisdiction of the Land Disputes Tribunal over the claim

Holding

The tribunal claim was for a portion of registered land, beyond the tribunal's statutory mandate under Section 3(1) of the Land Disputes Tribunal Act and Section 159 of the Registered Land Act

Reasoning

The tribunal's jurisdiction was limited by Section 3(1) of the Land Disputes Tribunal Act to boundary disputes, claims to occupy or work land, and trespass. The claimant's claim was for a portion of registered land North Gem/Ndere/349, not a boundary dispute with parcel 432. An award cancelling a title and subdividing registered land was beyond that mandate and ultra vires the tribunal's jurisdiction.

p. 2
02

Validity of the Appeals Committee decision

Holding

The Appeals Committee decision did not relate to the tribunal's award and proceedings, and the appeal was filed about one year seven months outside the 30 days prescribed by Section 8(1) with no leave shown, contravening Section 8(3); it could not stand

Reasoning

The appeal reference 001/2009 indicated filing in 2009, about one year seven months outside the statutory 30-day period, with no evidence of leave to appeal out of time. The Committee's opening statement showed no grounds of appeal, and its decision had nothing to do with the tribunal deliberations and award, contravening Section 8(3) requiring documentary grounds of appeal.

p. 3
03

Timeliness of the judicial review application

Holding

The Chamber Summons seeking leave was filed over one year two months after the Appeals Committee decision was read on 20th January 2011, outside the six months allowed by Order 53 Rule 2

Reasoning

Order 53 Rule 2 requires leave applications within six months of the decision impugned. The Appeals Committee decision was read in the presence of the parties on 20th January 2011; the Chamber Summons dated 28th March 2012 was filed after one year two months had lapsed, so leave was sought outside time. Despite this, the court still exercised its discretion to quash both decisions for want of jurisdiction.

p. 3
04

Costs

Holding

Each party to bear their own costs in the Tribunal, Appeals Committee and the court

Reasoning

The court, having quashed both the tribunal award and the Appeals Committee decision, and noting the possibility of an out-of-court family settlement, made no order as to costs in favour of any party; each party was left to bear its own costs throughout the proceedings.

p. 3

Legal principles established

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  • Land Disputes Tribunals' jurisdiction was limited to civil disputes as to division or determination of boundaries to land, claims to occupy or work land, and trespass to land, and did not extend to claims over portions of registered land
  • A tribunal award directing cancellation of a title deed and subdivision of registered land was ultra vires the tribunal's jurisdiction in view of Section 159 of the Registered Land Act
  • An appeal outside the 30 days prescribed under Section 8(1) of the Land Disputes Tribunal Act without leave to file out of time contravened the Act
  • Applications for leave to apply for judicial review under Order 53 Rule 2 must be filed within six months of the impugned decision, otherwise they are filed outside time

Court orders

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  1. 1.Order of Certiorari calling into the court and quashing the Nyanza Land Disputes Appeals Committee decision in Case No. 1 of 2009 dated 6th October 2010 and read in Siaya PMC Land Case No. 3 of 2007 on 20th January 2011
  2. 2.Order of Certiorari calling into the court and quashing the Siaya Land Disputes Tribunal award in Case No. 8 of 2004 made on 15th November 2006 and read in Siaya PMC Land Case No. 3 of 2007 on 5th April 2007
  3. 3.Each of the parties to bear their own costs in the Tribunal, Appeals Committee and this court
Jurisdiction invoked
Judicial review under Order 53 of the Civil Procedure Rules seeking orders of Certiorari against the Nyanza Land Disputes Appeals Committee decision and the Siaya Land Disputes Tribunal award

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, "Republic v Provincial Land Appeal Committee – Nyanza & 2 others Exparte Aoko Oyoo (Deceased) [2018] KEELC 3067 (KLR)", Case Analysis (2018). Judicial Review (Notice of Motion dated 14th May 2012). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/3067/eng@2018-05-30

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