Fredrick Tureisa Lekesike v Iman Dahir & 3 others [2019] KEELC 3459 (KLR)

Section 30 restricts civil suits concerning land in an adjudication section before the register becomes final, and Section 26 provides objection mechanisms. The court found from the Land Adjudication Officer's affidavit and the letter of finality that the register had been forwarded to the Chief Land Registrar and a title deed issued on 30th October 2013. With adjudication complete, the mechanisms under the Act had ceased, so requiring exhaustion would be futile. The authorities relied on by the respondents were distinguishable as they concerned unregistered land or parties who had not participated in objection proceedings.

The court distinguished Arithi Self Help Grazing Group because there the land was unregistered community land and the adjudication process had stalled due to litigation, unlike the present case where adjudication was complete and titles issued. In John Masiantet Lolungiro and David Mtawali Kazungu Yaa, the courts were dealing with petitioners who had participated in objection proceedings, a crucial step under Section 26. Those factual matrices did not obtain here.

The court framed the applicable law by citing the well-settled Mukisa Biscuit Manufacturing Co. Ltd vs West End Distributors Ltd decision before assessing the Notices of Preliminary Objection filed by the 1st Respondent and by the 2nd to 4th Respondents, both raising the question of jurisdiction under the Land Adjudication Act.