Lucy Wanjui Ngero & another v Hannah Njeri Gitau & 11 others [2019] KEELC 2687 (KLR)
The bottom line
#A Kenyan court threw out tribunal decisions on a land ownership dispute because Land Disputes Tribunals never had power to decide who owns land.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the Land Disputes Tribunal over ownership disputes
The Tribunal lacked jurisdiction because the dispute was over ownership of land, which fell outside the limited civil matters enumerated in Section 3 of the Land Disputes Tribunal Act
Section 3 of the Land Disputes Tribunal Act (CAP 303A) confined tribunals to disputes over division of or boundaries to land, claims to occupy or work land, and trespass. The respondents' claim - that the 1st appellant sold a company plot without authority and that ownership should revert to the company - was a dispute over ownership, not within any of the enumerated heads. Jurisdiction being absent, the Tribunal's award was a nullity. The court noted the Tribunal itself had framed the issue as who was the rightful owner of the plot.
Jurisdiction of the Land Disputes Appeals Committee
The Appeals Committee equally lacked jurisdiction to hear the appeal and decide the merits, since the Tribunal had none
Because the Tribunal acted without jurisdiction, its decision was not a valid decision capable of sustaining an appeal. The Appeals Committee went into the merits - examining registers and concluding the plot belonged to Maciaro Farmers Company Limited and ordering cancellation of the title issued to the 2nd appellant - but this entire exercise was done without jurisdiction. Both the Tribunal's award and the Committee's decision were therefore set aside, the appeal being allowed on that ground with the concession of respondents' counsel.
Legal principles established
#- The Land Disputes Tribunal's jurisdiction was limited to division of or determination of boundaries to land, claims to occupy or work land, and trespass to land; it had no jurisdiction over disputes of ownership of land or to order cancellation of title
- A body without jurisdiction cannot confer jurisdiction on an appellate body; a decision made without jurisdiction is vitiated
Court orders
#- 1.The award of the Tribunal and the decision of the Appeals Committee are set aside
- 2.The appeal is allowed without any orders as to costs
- 3.Each party to bear his/her own costs
- On appeal from
- Rift Valley Province Land Disputes Appeals Committee
- null
- Jurisdiction invoked
- Appeal from the Land Disputes Tribunal system under the Land Disputes Tribunal Act, CAP 303A (repealed by the Environment and Land Court Act, 2011), transferred to the Environment and Land Court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Lucy Wanjui Ngero & another v Hannah Njeri Gitau & 11 others [2019] KEELC 2687 (KLR)", Case Analysis (2019). ELC No. 97 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/2687/eng@2019-06-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.