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ELCDismissedELC Appeal No. 1 of 2017 (formerly Nakuru HCA No. 54 of 2016)· [2019] KEELC 4145 (KLR)

Richard K. Langat & 38 others v Rukuti Ole Koriata & 4 others [2019] KEELC 4145 (KLR)

Environment and Land Court

18 March 2019

MKMohamed N. Kullow

574 words in judgment

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The bottom line

Kenya's Environment and Land Court confirmed magistrates cannot force the Land Registrar to transfer land - the correct route is judicial review - and dismissed the appeal with costs.

What this practically means

Executive summary

This was a first appeal to the Environment and Land Court at Narok from a decision of the learned Senior Resident Magistrate, Narok, who by a Notice of Preliminary Objection dated 2nd September 2014 held that he lacked jurisdiction to compel the Land Registrar and the Surveyor, Narok, to give relevant approvals and register the appellants as owners of LR CIS MARA/OLOLOLUNGA/156. The appellants appealed on grounds that the magistrate acted ultra vires in varying the decision of the land dispute tribunal, disregarded their submissions, and erred in finding he lacked jurisdiction. The respondents opposed, stating they were not the registered owners of the parcel, that the decree had been fully complied with and enforcement lay only through judicial review, and that the 2nd, 3rd and 4th respondents had died without substitution. The appeal was canvassed by written submissions. Kullow J framed a single issue: whether the trial magistrate had jurisdiction to issue and grant the orders sought. The court held that the application sought to compel third parties to do certain acts, which a magistrate cannot do; the proper remedy was judicial review. Applying the settled doctrine that jurisdiction is everything and a court lacking it must down its tools, the court upheld the magistrate's finding. It further held the appellants' failure to substitute deceased respondents was a fatal, unexplained mistake. The appeal was found to lack merit and was dismissed with costs to the respondents.

Key legal issues

Whether the trial magistrate had jurisdiction to compel the Land Registrar and Surveyor, Narok, to effect approvals and registration pursuant to a decree

Holding

The magistrate correctly found he lacked jurisdiction; compelling third parties to perform acts could only be achieved through judicial review, which the magistrate's court could not entertain.

Reasoning

The application before the trial court sought to order third parties (the Land Registrar and Surveyor) to be compelled to do certain acts. The court held that a subordinate court cannot issue such orders against third parties; the appropriate avenue is judicial review. The doctrine that jurisdiction is everything and a court without it must down its tools was applied to uphold the magistrate's finding.

p. 1

The effect of failure to substitute deceased respondents

Holding

Failure to substitute the deceased 2nd, 3rd and 4th respondents was a fatal and unexplained defect in the appeal.

Reasoning

The respondents raised the point that three of them had died and no steps were taken to substitute them. The appellants never disputed this nor offered reasons for the omission. The court treated this as a fatal mistake contributing to the dismissal of the appeal.

p. 1

Legal principles established

Jurisdiction is everything; once a court finds it lacks jurisdiction, it must down its tools.
A magistrate cannot compel third parties such as the Land Registrar and Surveyor to perform acts; the proper remedy is an application for judicial review.
Failure to substitute deceased parties to an appeal is a fatal mistake.

Court orders

1.The appeal is dismissed with costs to the Respondents

On appeal from: Senior Resident Magistrate's Court, Narok
Jurisdiction invoked: Appeal from the Senior Resident Magistrate's Court, Narok, pursuant to statutory appellate provisions (not expressly cited in the judgment)

Key timeline

Practical implications

Frequently asked questions

Cite this brief

Caselaw, "Richard K. Langat & 38 others v Rukuti Ole Koriata & 4 others [2019] KEELC 4145 (KLR)", Case Analysis (2019). ELC Appeal No. 1 of 2017 (formerly Nakuru HCA No. 54 of 2016). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/4145/eng@2019-03-18

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