Grace Adhiambo Ogaga (Suing as legal representative of the estate of Turufena Kemunto Ogaga -Deceased v Willian Ochieng Ogaga & 3 others [2018] KEELC 3677 (KLR)

The 2nd objection (No. 967) lodged on 11th October 2005 was allowed and the land registered in the names of the plaintiff, 1st, 2nd and 3rd defendants. Under section 29(1) an aggrieved person had sixty days to appeal to the Minister, whose order is final. No appeal, judicial review or further appeal was lodged, so the matter stood finally determined between the parties and section 7 of the Civil Procedure Act barred the suit.

The issues arose in 2005 and the suit was filed in April 2016. Counsel for the 4th defendant relied on authority that a plaint barred by limitation is 'barred by law' and that prolonged delay must be explained. The plaintiff gave no explanation for the delay; the plea that fraud was discovered in February 2016 did not save the suit.

Sections 26 to 29 of the Land Adjudication Act give elaborate and exhaustive procedural steps for dispute resolution; the organs established (adjudication officer and Minister) must be respected. Citing Supreme Court authority that a court cannot arrogate to itself jurisdiction exceeding that conferred by law, the court held the matter was res judicata and statute barred, leaving it without jurisdiction.

Since the matter had been heard and determined by the adjudication officer, no appeal lay to the Minister, and the suit was neither an appeal from the Minister's decision nor an application for judicial review, the plaint failed to disclose a reasonable cause of action and constituted an abuse of process, supporting striking it out on a preliminary objection of pure points of law.