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ELCAllowedELC Appeal No. 7 of 2016· [2018] KEELC 4173 (KLR)

Moses Makokha Osanya v Elekia Mabosio Marenga [2018] KEELC 4173 (KLR)

Environment and Land Court
7 March 2018
NMN. A. Matheka
3,476 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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The appellant appealed to the Environment and Land Court at Kakamega against the decision of the Provincial Land Disputes Appeals Committee, which had upheld an award of the Lurambi Land Disputes Tribunal directing that the respondent was entitled to 1 acre out of land parcel Butsotso/Ingotse/2065, pursuant to a 2009 sale agreement for Kshs. 120,000. The appellant had repudiated the agreement and sought to refund the consideration and retain his land. The tribunal's award was adopted as a judgment of the Chief Magistrate's Court (Award No. 57 of 2010) before being upheld by the Appeals Committee. The appellant raised five grounds, principally that the tribunal lacked jurisdiction over a dispute concerning title to land, that the committee disregarded his evidence, and that part of the tribunal proceedings were conducted ex parte. The respondent countered that the appellant had willingly participated and argued the appeal was filed out of the 60-day period under section 8(9) of the repealed Land Disputes Tribunal Act. The court held the appeal was properly before it since it had been admitted in 2011 by Thuranira Jaden J. On the merits, applying M'Marete v Republic and following the reasoning in the cited authorities, the court found the dispute was essentially a claim to title over registered land, which fell outside the limited jurisdiction conferred by section 3(1) of the Act. The tribunal and appeals committee therefore acted in excess of jurisdiction. The court allowed the appeal, quashed the tribunal and appeals committee decisions, and awarded costs to the appellant.

Key legal issues

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01

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

Holding

The tribunal and appeals committee acted in excess of jurisdiction by determining a claim to ownership of 1 acre out of the suit land; the proceedings and decisions were quashed

Reasoning

Section 3(1) of the Land Disputes Tribunal Act confined tribunals to boundary disputes, claims to occupy or work land, and trespass. The dispute here was over ownership arising from a sale agreement, a claim to title which tribunals were prohibited from determining. The tribunal and the appeals committee therefore meandered beyond their statutory boundaries, and their award could not stand.

p. 4
02

Filing of the appeal out of the 60-day statutory period

Holding

The objection to the late filing did not defeat the appeal because the appeal had been admitted for hearing in 2011 by Thuranira Jaden J in the exercise of her discretion

Reasoning

The respondent argued the appeal, filed in May 2011 against a December 2010 decision, was out of time under section 8(9) of the repealed Act. The court held that since the appeal had been admitted for hearing back in 2011 by Thuranira Jaden J exercising her discretion, it was properly before the court.

p. 3

Legal principles established

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  • Land Disputes Tribunals had no jurisdiction to determine claims to title or ownership of registered land; such proceedings are nullities

Court orders

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  1. 1.The appeal is allowed
  2. 2.The decision/verdict of the Lurambi Land Disputes Tribunal and Provincial Land Dispute Appeals Committee is quashed
  3. 3.Costs of the appeal to the appellant

Authorities

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Legislation

  • Land Disputes Tribunals Act, 1990 (now repealed)section 3(1)
  • Land Disputes Tribunals Act, 1990 (now repealed)section 4
  • Land Disputes Tribunals Act, 1990 (now repealed)section 8(9)
  • Registered Land Act (Cap 300) (repealed)

Cases cited (6)

  • Joseph Karobia Gicheru vs. Michael Gachoki Gicheru
    [2013] eKLR
  • Jane Wangari Kairu & Another vs. Jane Wachuka Kariuki
    [2008] eKLR
  • Wamwea vs. Catholic Diocese of Murang'a Registered Trustees
    [2003] KLR 389
  • M'Marete vs. Republic & 3 others
    [2004] eKLR, Civil Appeal 259 of 2000
  • Owners of the Motor Vessel "Lilians" vs. Caltex Oil (Kenya) Ltd.
    [1989] KLR
  • Masagu Ole Naumo v Principal Magistrate Kajiado Law Courts & another
    JR 370 of 2013 [2014] eKLR
On appeal from
Provincial Land Disputes Appeals Committee (Kakamega)
Case No. 76 of 2010 (upholding Lurambi Land Disputes Tribunal Claim No. 133 of 2010)
Jurisdiction invoked
Appeal from the Provincial Appeals Committee under the repealed Land Disputes Tribunal Act (Section 8(9) on the 60-day appeal window discussed)

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (4)

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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, "Moses Makokha Osanya v Elekia Mabosio Marenga [2018] KEELC 4173 (KLR)", Case Analysis (2018). ELC Appeal No. 7 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/4173/eng@2018-03-07

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