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ELCOtherNotice of Motion dated 3rd May 2011 (Mombasa ELC)· [2019] KEELC 3329 (KLR)

Mohamed Abdalla Gosi v Mohamed Abdalla Masaza & 2 others [2019] KEELC 3329 (KLR)

Environment and Land Court

14 May 2019

CYC.K. Yano

1,377 words in judgment

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The bottom line

Kenya's Environment and Land Court cannot enforce old land tribunal awards — only magistrates' courts can — so the applicant's eviction bid failed and he pays costs.

What this practically means

Executive summary

The applicant, asserting he was a registered trustee of family land known as KWALE/NGOMBENI/2390, moved the court by Notice of Motion dated 3rd May 2011 seeking confirmation of an award of the Provincial Land Disputes Appeals Committee, Coast Province, delivered on 24th July 2007, as judgment of the court, together with eviction orders against the three respondents and police security for the eviction. The award had set aside a contrary decision of the Matuga Land Disputes Tribunal. The respondents opposed, noting that they had obtained leave for judicial review to quash the committee's decision (Nairobi Misc. Application No. 1025 of 2007 (JR)) which was transferred to Mombasa but never effectuated, that the applicant's grant was limited ad colligenda bona, and that they had filed Mombasa ELC No. 74 of 2017 seeking revocation of the applicant's title. The court framed a single jurisdictional question. Relying on Sections 7 and 8 of the repealed Land Disputes Tribunal Act and Section 13(4) of the Environment and Land Court Act, C.K. Yano, J held that the ELC's jurisdiction was limited to appeals on points of law from the Appeals Committee and judicial review, and that execution of tribunal judgments is reserved for the magistrate's court. The notice of motion was struck out with costs to the respondents.

Key legal issues

Whether the ELC can confirm as its own judgment an award of the Provincial Land Disputes Appeals Committee and order eviction

Holding

The court lacks jurisdiction; confirmation/execution of the tribunal award is for the magistrate's court under Section 7 of the repealed Act

Reasoning

Section 8 of the repealed Land Disputes Tribunal Act gave the High Court appellate jurisdiction on points of law only, while Section 7 vested filing and execution of tribunal decisions in the magistrate's court. Section 13(4) of the ELC Act preserves appellate jurisdiction over tribunals, not enforcement of awards. Confirming the award would descend into the arena of the magistrate's jurisdiction and pre-empt possible appeals.

p. 2

Legal principles established

Execution of judgments arising under the repealed Land Disputes Tribunal Act is a matter reserved for the magistrate's court under Section 7 of that Act
The Environment and Land Court's jurisdiction over decisions of the Appeals Committee is limited to appeals on points of law under Section 8 of the repealed Act and judicial review applications

Court orders

1.The notice of motion dated 3rd May 2011 is struck out
2.Costs of the application to the respondents

Authorities

Legislation

Civil Procedure ActSections 1A, 1B, 3A
Civil Procedure RulesOrder 51 Rule 1
Land Disputes Tribunal Act No.18 of 1990 (repealed)Sections 3, 7, 8, 9(1)
Environment and Land Court ActSections 13(4), 31

Jurisdiction invoked: Environment and Land Court Act, Section 13(4) (appellate jurisdiction over subordinate courts and local tribunals)

Key timeline

Practical implications

Frequently asked questions

Cite this brief

Caselaw, "Mohamed Abdalla Gosi v Mohamed Abdalla Masaza & 2 others [2019] KEELC 3329 (KLR)", Case Analysis (2019). Notice of Motion dated 3rd May 2011 (Mombasa ELC). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/3329/eng@2019-05-14

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