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ELCPartially AllowedELC Appeal No. 78 of 2017· [2018] KEELC 4187 (KLR)

Adriano M. Anduku v Charles A. Ingabo [2018] KEELC 4187 (KLR)

Environment and Land Court
7 March 2018
NMN. A. Matheka
1,333 words in judgment
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The bottom line

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A Kakamega court quashed a land tribunal's decision because tribunals cannot decide who owns registered land—that's for the courts alone.

What this practically means

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Executive summary

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This was a first appeal to the Environment and Land Court at Kakamega against the ruling of Resident Magistrate P.N. Areri delivered on 5th February 2010, which had adopted the award of the Shinyalu Land Disputes Tribunal as the judgment of the court. The appellant advanced four grounds: that the respondent's adoption application was premature because the award had not been read to the parties; that the tribunal lacked jurisdiction over title to land; that the magistrate considered extraneous matters; and that there was no valid decision capable of adoption. The respondent, though served, did not attend or file submissions. The court dismissed ground 1, accepting the tribunal's letter of 4th June 2009 as establishing that the award was read to the parties on 6th May 2010-2009 and was properly adopted. On grounds 2 to 4, the court examined section 3(1) of the now-repealed Land Disputes Tribunal Act, which confined tribunals to boundary disputes, claims to occupy or work land, and trespass. The tribunal had ordered subdivision of registered parcel Isukha/Shitoto/1639 and transfer of a title to the claimant - a claim to ownership of registered land. Following M'Marete v Republic and Masagu Ole Naumo, the court held the tribunal exceeded its jurisdiction, quashed the tribunal's decision/verdict, and awarded costs to the appellant. The appeal was allowed in part.

Key legal issues

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01

Whether the tribunal's award was read to the parties before adoption

Holding

Ground 1 of the appeal failed; the trial magistrate's finding that the award was read to the parties on 6th May 2009 was affirmed and the adoption was proper

Reasoning

The court perused the pleadings and accepted the tribunal's letter of 4th June 2009 addressed to the court stating the award was read to the parties on 6th May 2009. Despite earlier observations that such reading should form part of the proceedings, the court was satisfied on the material that the reading occurred and the award was properly adopted as judgment.

p. 2
02

Jurisdiction of the Land Disputes Tribunal over title to land

Holding

The tribunal exceeded its jurisdiction; section 3(1) of the Land Disputes Tribunal Act confines tribunals to boundary disputes, claims to occupy or work land, and trespass, not title to registered land

Reasoning

The tribunal ordered subdivision of a registered parcel and transfer of a title to the claimant, a claim to ownership rather than boundaries, occupancy or trespass. Relying on the wording of section 3(1) of the now-repealed Land Disputes Tribunal Act and persuasive authority, the court held the tribunal meandered beyond its boundaries and its proceedings violated the Act, warranting quashing of the verdict.

p. 2

Legal principles established

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  • Before a tribunal award may be adopted as a judgment of the court, it must be read to the parties, and such reading must form part of the proceedings, not be communicated by letter
  • Land Disputes Tribunals had no jurisdiction under section 3(1) of the Land Disputes Tribunal Act to determine claims to title to registered land

Court orders

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  1. 1.Ground 1 of the appeal (prematurity/non-reading of the award) dismissed; finding of the trial magistrate that the award was read to the parties upheld
  2. 2.Appeal allowed on grounds 2 to 4; decision/verdict of the Shinyalu Land Disputes Tribunal quashed
  3. 3.Costs of the appeal awarded to the appellant

Authorities

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Legislation

  • Land Disputes Tribunal Act (now repealed), No. 18 of 1990Section 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
Resident Magistrate's Court (P.N. Areri, Resident Magistrate)
Jurisdiction invoked
Appeal against ruling and order of the Resident Magistrate's Court (Land Disputes Tribunal Act regime); court notes it is 'a first appeal and this is a court of original jurisdiction'

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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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, "Adriano M. Anduku v Charles A. Ingabo [2018] KEELC 4187 (KLR)", Case Analysis (2018). ELC Appeal No. 78 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/4187/eng@2018-03-07

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