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ELCPartially AllowedELCA Case No. 21 of 2019· [2019] KEELC 322 (KLR)

Charles Makanda Mang’oli v Martin Fwamba Wanyama [2019] KEELC 322 (KLR)

Environment and Land Court at Kakamega
18 December 2019
NMN.A. Matheka
1,250 words in judgment
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The bottom line

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A Kenyan court confirmed that Land Disputes Tribunals could never decide who owns registered land, so any such decision is void.

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 Western Provincial Appeals Committee read on 10th July 2003, which upheld the verdict of the Matungu Land Disputes Tribunal in a land dispute with the respondent. The memorandum of appeal raised six grounds, chiefly that the tribunals had no jurisdiction over the dispute and had treated the appeal as a fresh hearing on fresh evidence. The appellant argued, relying on section 3 of the repealed Land Disputes Tribunal Act No. 18 of 1990, that the tribunals' jurisdiction was confined to boundary disputes, claims to occupy or work land, and trespass, yet the Matungu Tribunal ordered that the respondent occupy and work five acres allegedly bought by his late father, directed the District Land Surveyor and Land Registrar to survey and mark boundaries, and ordered issuance of a title deed. The court held that these orders went to ownership and title to registered land, matters outside the tribunals' statutory mandate, applying M'Marete v Republic and Masagu Ole Naumo. Finding the proceedings and decision to fall outside the tribunals' jurisdiction, the court declined to examine the merits, allowed the appeal, quashed the decisions of both tribunals, and made no orders as to costs.

Key legal issues

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01

Jurisdiction of the Land Disputes Tribunals over title to registered land

Holding

The Matungu Land Disputes Tribunal and the Western Provincial Appeals Committee acted without jurisdiction by adjudicating a claim to ownership of the suit land and ordering survey and issuance of a title deed

Reasoning

Section 3(1) of the repealed Land Disputes Tribunal Act limited tribunals to boundary disputes, claims to occupy or work land, and trespass. The tribunal's verdict awarded the complainant occupation on the basis of a completed purchase and directed survey and issuance of a title deed, which went to ownership and title, matters not contemplated by the Act. The Provincial Appeals Committee upheld this without jurisdiction. Having found want of jurisdiction, the court declined to consider the merits.

p. 2

Legal principles established

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  • Land Disputes Tribunals had no jurisdiction to determine claims to ownership or title to registered land; their jurisdiction under section 3 was limited to boundary disputes, claims to occupy or work land, and trespass

Court orders

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  1. 1.The appeal is allowed
  2. 2.The decision/verdict of the Matungu Land Disputes Tribunal and Western Provincial Appeals Committee is quashed
  3. 3.No orders as to costs
On appeal from
Western Provincial Appeals Committee
Jurisdiction invoked
Appeal from the decision of the Western Provincial Appeals Committee under the now repealed Land Disputes Tribunal Act No. 18 of 1990

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, "Charles Makanda Mang’oli v Martin Fwamba Wanyama [2019] KEELC 322 (KLR)", Case Analysis (2019). ELCA Case No. 21 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/322/eng@2019-12-18

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