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ELCAllowedAppeal from L.D.T No. 3 of 2008 (Baricho)· [2019] KEELC 2232 (KLR)

Jane Njeri Muriithi v Peter Githinji Muthigani [2019] KEELC 2232 (KLR)

Environment and Land Court
5 July 2019
ECE.C. Cherono
1,740 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

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A Kenyan court voided tribunal orders cancelling land title deeds because the tribunal had no power to decide ownership of registered land.

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 Kerugoya against the ruling of Hon. J.N. Mwaniki, Senior Resident Magistrate, Baricho, delivered on 18.8.2010 in L.D.T No. 3 of 2008. The Magistrate had allowed a notice of motion dated 25.3.2010 seeking cancellation of title deeds Mwerua/Kanyokora/1361-1364 and reinstatement of the old title Mwerua/Kanyokora/118, in implementation of an award of the Ndia Land Disputes Tribunal adopted as a judgment of the court. The award directed that the land be divided into two equal portions in the names of Peter Githinji and Esther Kangunyu, with the objector's name joined to both parcels. The Appellant advanced seven grounds, principal among them that the Tribunal had no jurisdiction under Section 3 of the repealed Land Disputes Act No. 18 of 1990 to adjudicate ownership of registered land, that the Magistrate became functus officio upon adopting the award, and that third parties in occupation were condemned unheard. The Respondent contended that the appeal was overtaken by events since the parcels had been subdivided and transferred to third parties. The court agreed with the Appellant that the Tribunal had exceeded its statutory jurisdiction by determining ownership of registered land, rendering the award null and void ab initio. Relying on Omega Enterprises and Macfoy v United Africa Ltd, the court held that all proceedings founded on a void order collapse as nullities. The appeal was allowed, the order of 18.8.2010 was set aside, and the Appellant was awarded costs.

Key legal issues

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01

Jurisdiction of the Land Disputes Tribunal over registered land

Holding

The Tribunal acted in excess of its statutory jurisdiction by determining ownership of registered land, rendering its award null and void

Reasoning

Section 3 of the Land Disputes Act limited the Tribunal to disputes over division and boundaries of land, claims to occupy or work land, and trespass. The dispute adopted by the Magistrate concerned ownership of registered land, which the Act did not confer jurisdiction to determine. The award was therefore void ab initio.

p. 3
02

Effect of a void order on subsequent proceedings

Holding

All proceedings founded on a void order are themselves nullities that collapse without need of setting aside

Reasoning

Relying on Omega Enterprises and Macfoy, the court held that the proceedings of 18th August 2010, being in pursuance of the void order of 25th March 2010, were of no legal effect. It was immaterial whether the order needed to be formally set aside since it was automatically null and void.

p. 3

Legal principles established

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  • A tribunal's award without jurisdiction is null and void and a court cannot give effect to it
  • A void act is a nullity requiring no court order to set it aside, and all proceedings founded on it collapse

Court orders

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  1. 1.Appeal allowed
  2. 2.Order of 18.8.2010 setting aside
  3. 3.Costs to the Appellant

Authorities

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Legislation

  • Land Disputes ActSection 3
  • Registered Land ActSections 142 and 143

Cases cited (2)

  • OMEGA ENTERPRISES KENYA LTD VS KENYA TOURIST DEVELOPMENT CORPORATION & 2 OTHERS
    (1998) eKLR
  • MACFOY VS. UNITED AFRICA LTD
    (1961) 3 ALL ER 119
On appeal from
Senior Resident Magistrate's Court, Baricho
L.D.T No. 3 of 2008
Jurisdiction invoked
First appeal from the ruling/order of the Senior Resident Magistrate, Baricho, in L.D.T No. 3 of 2008 adopting a 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, "Jane Njeri Muriithi v Peter Githinji Muthigani [2019] KEELC 2232 (KLR)", Case Analysis (2019). Appeal from L.D.T No. 3 of 2008 (Baricho). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/2232/eng@2019-07-05

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